Bid Document.pdf

LOGAN ELEMENTARY SCHOOL

COOLING TOWER REPLACEMENT - 2026

Bid No. 11-2627

Spokane Public Schools Spokane, Washington

Due November 19, 2026

Contact: Randy Lasswell

(509) 354-7170

October 19, 2026

CAPITAL PROJECTS AND PLANNING

2815 East Garland Ave., Spokane, WA 99207

(509) 354-5775 www.spokaneschools.org

ADVERTISEMENT FOR BIDS

The completed bid form and associated documents shall be submitted via public purchase https://publicpurchase.com/qems/browse/home.

Mail in proposals will not be accepted.

Bid No. 11-2627 Logan Elementary School Cooling Tower Replacement- 2026 until 2:00:00 p.m. PDT, Thursday November 19, 2026.

Base bids will be received until 2:00:00 p.m. Bids received after the above times will not be considered.

Interested firms may obtain a copy of the bid documents on the Spokane Public Schools website at www.spokaneschools.org/Page/1035. The bid documents outline the information necessary to understand this selection process, and the documentation required for submitting bids.

There will be a non-mandatory pre-bid conference for this project on Thursday November 12, 2026 at 10:00 a.m. The conference will be held at Logan Elementary School, 1001 E. Montgomery Ave., Spokane, WA 99207. Attendance at the conference is recommended for all contractors.

Questions should be addressed to Randy Lasswell at Spokane Public Schools, (509) 354-7170., or via email at RandyL@spokaneschools.org.

Spokane Public Schools encourages the participation of Minority Owned and Women Owned Business Enterprises in this Invitation to Bid.

Individuals with disabilities who may need special accommodations to participate in the public bid opening meeting should contact Michael Pflieger, Purchasing Services, at michaelpf@spokaneschools.org no later than three days before the scheduled date of the meeting so that arrangements for the modifications can be made.

Each bid must be accompanied by a certified check, cashier's check, or bid bond with a State Licensed Surety, in an amount not less than five (5%) percent of the total bid, made payable to Spokane Public Schools. This surety shall be forfeited in the event of failure by the successful bidder to sign a contract or to furnish the necessary one hundred (100%) percent Performance and Payment Bond. The owner reserves the right to reject any or all bids and to waive any informalities or irregularities in the bids received.

BY ORDER OF THE BOARD OF DIRECTORS

SPOKANE PUBLIC SCHOOLS

Dr. Adam Swinyard, Secretary

To be advertised in the Spokesman Review - November 4 and 10, 2026

Spokane Public Schools

Logan Elementary School Cooling Tower Replacement - 2026

H. LICENSE REQUIREMENTS. Bidders and their proposed Subcontractors shall be registered and shall hold such licenses as may be required by the laws of Washington, including RCW 18.27, for the performance of the Work specified in the Contract Documents.

I.

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A.

NO EXCEPTIONS. Bids must be based upon the materials, systems and equipment described and required by the Bidding Documents, and terms and conditions in the Contract Documents, without exception.

BIDDING DOCUMENTS

COPIES

I. Deposit. Bidders may obtain complete sets of the Bidding Documents from the issuing office and other locations designated in the Advertisement or Invitation to Bid in the number and for the deposit amount, if any, stated. The deposit (if any) will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten (10) days after receipt of Bids. The cost of replacement of any missing or damaged documents will be deducted from the deposit. A

Bidder awarded a Contract may retain the Bidding Documents, and its deposit will be refunded.

2. Sub-bidders. Bidding Documents will not be issued directly to Sub-bidders or others unless specifically offered in the Advertisement or Invitation to Bid.

3. Complete sets. Bidders shall use complete sets of Bidding Documents in preparing Bids and are solely responsible for utilizing established plan holder identification processes to obtain updated bid information; neither the Spokane School District nor the Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete and/or superseded sets of Bidding Documents. Printed copies of plans take precedence over any on-line images.

4. Conditions. The Spokane School District and/or the Architect make copies of the Bidding Documents available on the above terms only for the purpose of obtaining Bids on the Work and do not confer a license or grant permission for any other use.

5. Legible Documents. To the extent any drawings, specifications, or other Bidding documents are not legible, it is the Bidder's responsibility to notify the Spokane School District and the Architect and to obtain legible documents from the plan center.

B. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

I. Format. The Contract Documents may be divided into parts, divisions, and sections for convenient organization and reference. Generally, there has been no attempt to divide the Specification sections into Work performed by the various building trades, any Work by separate contractors, or any Work required for separate facilities in or phases of the Project.

2. Notify Owner and Architect. Bidders and Sub-bidders shall promptly notify the Spokane School

District and the Architect in writing of any ambiguity, inconsistency, or error that they may discover upon examination of the Bidding Documents or of the site and local conditions. All Bidders and

Sub-bidders shall thoroughly familiarize themselves with specified products and installation procedures and submit to the Spokane School District and the Architect any objections (in writing) no later than seven (7) calendar days prior to the Bid Date. The submittal of the Bid constitutes acceptance of products and procedures specified as sufficient, adequate, and satisfactory for completion of the Contract.

INSTRUCTIONS TO BIDDERS

187386918.3

3. Written request. Bidders and Sub-bidders requiring clarification or interpretation of the Bidding

Documents shall make a written request which shall reach the Architect at least seven (7) calendar days prior to the date for receipt of Bids.

4. Addenda. Any interpretation, correction or change of the Bidding Documents will be made by written Addendum. Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes.

5. Singular references. Reference in the singular to an article, device, or piece of equipment shall include as many of such articles, devices, or pieces as are indicated in the Contract Docwnents or as are required to complete the installation.

6. Utilities and runs. The Bidder should assume that the exact locations of any underground or hidden utilities, underground fuel tanks, and any plumbing and electrical runs may be somewhat different from any location indicated in the surveys or Contract Documents.

7. Division of Contract Documents. The Contract Documents may be divided into parts, divisions, and sections for convenient organization and reference. Generally, there has been no attempt to divide the Specification sections into Work performed by the various building trades, any Work by separate contractors, or any Work required for separate facilities in of phases of the Project.

C. SUBSTITUTIONS

1. Standard. The materials, products, procedures, and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance, and quality that must be met by any proposed substitution.

2. Substitution procedure. No substitution will be considered prior to receipt of Bids unless the Architect receives a written request for approval on the Spokane School District's Substitution

Request form for the Project, with all data requested on the form completed, at least seven (7) days prior to the date for receipt of Bids. Each such request shall be submitted with a Request for Substitution form identical to or equivalent in content to the form found in the Project Manual and shall include the name of the material or equipment proposed to be replaced and a complete description of the proposed substitute, including drawings, cuts, performance and test data, warranty information, and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or other Work that incorporation of the substitute would require shall be included. The proposer has the burden to prove the merit of the proposed substitute;

by proposing the substitution, the Bidder represents that it has personally investigated the proposed material or product and determined that it is equal or better in all respects to that specified, that the same or better warranty will be provided for the substitution, that complete cost data, including all direct and indirect costs of any kind, has been presented, that the Contract Time will not be increased, and that it will coordinate the installation of the substitute if accepted and make all associated changes in the Work. The Architect's decision to approve or disapprove a proposed substitution shall be final. Written requests for approval shall constitute a guarantee by the Bidder that the articles or materials are in all respects, including warranty and installation, equal or superior to those specified, unless otherwise noted. To the extent the proposed substitution will require additional services by the Architect or its consultants after Bid award, the Bidder, if successful, will be required to pay the Architect or its consultants for these services at their customary hourly rates.

3. Addendum. If the Architect approves a proposed substitution prior to receipt of Bids, the approval will be set forth in a written Addendum. Bidders shall not rely upon approvals made in any other manner. Substitution request forms returned by the Architect are a courtesy only, and Bidders/Sub bidders shall rely solely on substitution approvals listed in an Addenda.

INSTRUCTIONS TO BIDDERS

Bid No. 29-2526

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4. Post-Bid substitutions. After the Contract has been executed, the Spokane School District and the

Architect may consider a written request for the substitution of material or products in place of those specified in the Contract Documents only under the circumstances as specified therein.

D. ADDENDA

A.

l . Written. All Addenda will be written. They will be mailed, emailed, faxed delivered, and/or posted electronically with notice to those the Architect knows to have received a complete set of Bidding

Documents.

2. Copies. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose.

3. Verification and acknowledgment of receipt. Prior to bidding, each Bidder shall ascertain that it has received all Addenda issued. Each Bidder shall acknowledge its receipt of all Addenda in its

Bid.

BIDDING PROCEDURE

FORM AND STYLE OF BIDS

1. Form. Bids (including any required attachments) shall be submitted on forms identical to the form included with the Bidding Documents. Bids on different forms may be rejected. No oral, email, or telephonic responses or modifications will be considered to be Bids.

2. Entries on the Bid form. All blanks on the Bid form shall be typed or manually filled in ink.

3. Words and figures. Where so indicated by the makeup of the Bid form, sums shall be expressed in both words and figures; in case of discrepancy between the two, and regardless of any statement to the contrary on the Bid form, the amount written in figures shall govern and the words shall be used to determine any ambiguities in the figures. Portions of the Bid form may require the addition of component bids to a total or the identification of component amounts within a total. In case of discrepancy between component amounts listed and their sum(s), the component amounts listed shall govern.

4. Initial changes. Any interlineation, alteration or erasure must be initialed by an authorized representative of the Bidder.

5. Alternates and Unit Prices. All requested Alternates and unit prices should be bid. The Spokane

School District reserves the right, but is not obligated, to reject any Bid on which all requested

Alternates or unit prices are not bid. If no change in the Base Bid is required for an Alternate, enter

"No Change." If there is no entry, it will be presumed that the Bidder has made no offer to accomplish this Alternate. Ifit is not otherwise clear from the Bid or nature of the Alternate, it will be presumed that the amount listed for an Alternate is an add rather than a deduct.

6. No conditions. The Bidder shall make no conditions or stipulations on the Bid form nor qualify its

Bid in any other manner.

7. Identity of Bidder. The Bidder shall include in the specified location on the Bid form the legal name of the Bidder and, ifrequested, a description of the Bidder as a sole proprietor, a partnership, a joint venture, a corporation (including the state of incorporation), or another described form of legal entity. The Bid shall be signed by the person or persons legally authorized to bind the Bidder

INSTRUCTIONS TO BIDDERS

to a contract. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder, and provide other information requested.

8. Bid amounts do not include sales tax. The Bid shall include in the sum stated all taxes imposed by law, EXCEPT STATE AND LOCAL SALES TAX ON THE CONTRACT SUM.

9. Bid breakdown. The Bid form may contain, for the Spokane School District's accounting purposes only, a breakdown of some or all of the components included in the Base Bid.

B. POTENTIAL LISTING OF SUBCONTRACTORS

I. Procedure. On certain projects of the Spokane School District, the Bid form includes a requirement that certain Subcontractors be listed, and the list must be submitted to the Spokane School District as described in the bidding documents. In these circumstances, the Bidder must name the

Subcontractor with whom the Bidder, if awarded the Contract, will subcontract directly (i.e., not lower-tier Subcontractors) for performance of the work of:

(a) HVAC (heating, ventilation and air conditioning),

(b) plumbing as described in RCW 18.106,

(c) electrical work as described in RCW 19.28, ( d) structural steel installation,

(e) rebar installation, and

(f) any other categories of Work listed on the Subcontractor listing form(s).

TIMING: The listing of HV AC, plumbing, and electrical subcontractors, with proof of license information, shall occur at the published bid submittal time. Errors in the proof of license information must be corrected by the Bidder within forty-eight hours of submission. The listing of structural steel installation and re bar installation subcontractors, with proof of license information, shall occur within forty-eight hours of the published bid submittal time. The listing of any other categories of Work listed on the Subcontractor listing form(s) shall occur as indicated on such forms or as otherwise described in the bidding documents.

SELF-PERFORMANCE: If the Bidder intends to self-perform any of these categories of Work, it must name itself for each such category of Work.

IF NO SUBCONTRACTORS: If there is no work to be performed by a HV AC, plumbing, electrical, structural steel installation, rebar installation, or other subcontractor category identified on the Bid form(s), the Bidder should insert "None" or "NIA" on the Bid form. If a category is left blank, that shall indicate that the Bidder believes that there is no Work to be perfonned by that trade.

MULTIPLE ENTRlES: The Bidder shall not list more than one (1) entity for a particular category of Work identified, unless a Subcontractor varies with an Alternate Bid, in which case the Bidder shall identify the Subcontractor to be used for the Alternate and the affected portion of the Work and otherwise make its Bid clear as to which subcontractor shall be utilized depending upon the selection of alternates.

MULTIPLE SUBMITTAL TIMES. In the event the Bidding Documents call for a second submittal time for receipt of alternate bids, and no additional Subcontractors are listed with such alternate

INSTRUCTIONS TO BIDDERS

bids, the Spokane School District will consider that there is no change in the Subcontractors from those listed with regard to the base Bid.

2. Failure to Submit. In accordance with RCW 39.30.060, failure of a Bidder to submit the names of such proposed heating, ventilation and air conditioning, plumbing, electrical, structural steel installation, and rebar installation Subcontractors or to name itself to perform such Work or the naming of two or more Subcontractors to perform the same Work in the time periods described above shall render the Bidder's Bid nonresponsive and, therefore, void.

3. Requirement to Subcontract. The Bidder, if awarded the Contract, will subcontract with the listed

Subcontractor for performance of the portion of the Work designated on the Form of Proposal, subject to the provisions of the Contract for Construction and RCW 39.30.060. The Bidder shall not substitute a listed Subcontractor in fintherance of bid shopping or bid peddling.

4. Replacement. If a listed Subcontractor is unable to comply with any bondability, qualification, or other requirements of the Contract or Bidding Documents (including without limitation a finding of

Subcontractor non-Responsibility), the Spokane School District may require the Bidder to replace the Subcontractor with a Subcontractor acceptable to the Spokane School District at no change in the Contract Sum or Contract Time.

5. Subcontractor Standards. Subcontractors shall meet contractual and technical qualifications standards, and provide specialized certification, licensing, and/or payment and performance bonding where specified.

C. BID SECURITY

1. Purpose and procedure. Each Bid shall be accompanied by a bid security payable to the Spokane

School District in the form required in the Bidding Documents and equal to five percent (5%) of the

Base Bid. The bid security constitutes a pledge that the Bidder will enter into the Contract with the

Spokane School District in the form provided, in a timely manner, and on the terms stated in its Bid and will furnish in a timely manner the payment and performance bonds, certificates of insurance, Contractor's Construction Schedule, and all other documents required in the Contract Documents.

Should the Bidder fail or refuse to enter into the Contract or fail to furnish such documents, the amount of the bid security shall be forfeited to the Spokane School District as liquidated damages, not as a penalty. By submitting its Bid and bid security, the Bidder agrees that any forfeiture is a reasonable prediction at the time of Bid submittal of future damages to the Spokane School District.

2. Form. The bid security shall be in the form of a certified or bank cashier's check payable to the

Spokane School District or a bid bond executed by a bonding company acceptable to the Spokane

School District and licensed in the State of Washington on the form included with the Bidding

Documents (if any) or on an acceptable and equivalent form. The Attorney-in-Fact who executes the bond on behalf of the surety shall be licensed to do business in the State of Washington and shall affix to the bond a certified and current copy of that person's Power of Attorney.

3. Retaining Bid Security. The Spokane School District will have the right to retain the Bid Security of Bidders to whom an award is being considered until the earliest of either (a) the Contract has been executed, and payment and performance bonds have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

4. Return of Bid Security. Within sixty (60) days after the Bid Date, the Spokane School District will release or return Bid securities to Bidders whose Bids are not to be further considered in awarding the Contract. Bid securities of the three apparent low Bidders will be held until the

Contract has been finally executed, after which all unforfeited Bid securities will be returned.

INSTRUCTIONS TO BIDDERS

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D. SUBMISSION OF BIDS

1. Procedure. The Bid, the Bid security, and any other documents required to be submitted with the

Bid shall be enclosed in a sealed opaque envelope addressed RFP 11-2526 and turned into

200 N. Bernard Spokane, WA 99201 or submitted via public purchase. The envelope shall be addressed to the party specified in the Advertisement or Invitation to Bidders and shall be identified with the Bid number and submittal date.

2. Deposit. Bids shall be deposited at the designated location prior to the time and date for receipt of

Bids indicated in the Advertisement or Invitation to Bid, or any extension thereof made by

Addendum. Bids received after the time and date for receipt of Bids may be opened, retained unopened, or returned (open or unopened), all at the discretion of the Spokane School District.

3. Responsibility. The Bidder assumes full responsibility for timely delivery at the location designated for receipt of Bids.

4. Form. Oral, fax, telephonic, or telegraphic Bids are invalid and will not be considered.

DI. MODIFICATION OR WITHDRAWAL OF BID

1. After receipt time. A Bid may not be modified, withdrawn, or canceled by the Bidder during a sixty (60) day period following the time and date designated for the receipt of Bids, and each Bidder so agrees by virtue of submitting its Bid.

2. Before receipt time. Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn only by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by email; ifby email, written confirmation over the signature of the Bidder shall be hand delivered on or before the date and time set for receipt of Bids. The notice shall be worded so as not to reveal the amount of the original Bid. It shall be the Bidder's sole responsibility to verify that the notice has been received by the Spokane School District in time to be withdrawn before the Bid opening.

3. Resubmittal. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders.

4. Bid security with resubmission. Bid security shall be in an amount sufficient for the Bid as modified or resubmitted.

DII. NOTICE

1. Notice or a request from a Bidder under these Instructions to Bidders must be in writing over the signature of the Bidder and delivered in person or by express delivery, email or fax. If the notice is by email or fax, written confirmation over the signature of the Bidder must be hand delivered on or before the date and time set for the notice.

CONSIDERATION OF BIDS

OPENING OF BIDS: Unless stated otherwise in the Advertisement or Invitation to Bid or any

Addendum, the properly identified Bids received on time will be opened publicly and will be read aloud.

An abstract of the Base Bids and Alternate Bids, if any, will be made available to Bidders and other interested parties.

INSTRUCTIONS TO BIDDERS

1873 86918.3

B. REJECTION OF BIDS: The Spokane School District shall have the right but not the obligation to reject any or all Bids for any reason or for no reason, to reject a Bid not accompanied by required Bid security or by other material or data required by the Bidding Documents, or to reject a Bid which is in any way incomplete or irregular.

C. ACCEPTANCE OF BID (AW ARD)

I. Owner. The Spokane School District intends (but is not bound) to award a Contract to the lowest

Responsible and Responsive Bidder, provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Spokane

School District has the right to waive any informality or irregularity in any Bid(s) received and to accept the Bid which, in its judgment, is in its own best interests.

2. Alternates. The Spokane School District shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Contract Documents or Bidding

Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and the

Alternates (if any) accepted. The Spokane School District retains the right to accept Alternate Bid items at the price bid within sixty (60) days after the Agreement is executed.

3. Requirements for Award. Before the Award, the lowest Responsive Bidder shall meet the Award

Requirements.

D. BID PROTEST PROCEDURES

I. Procedure. A Bidder protesting for any reason the Bidding Documents; a bidding procedure; the

Spokane School District's objection to the Bidder or a person or entity proposed by the Bidder, including but not limited to a finding of non-Responsibility; the rejection of a Bid; the award of the

Contract; or any other aspect arising from or relating in any way to the bidding or award or lack thereof, shall cause a written protest to be filed with the Spokane School District within two (2) business days of the event giving rise to the protest and, in any event, no later than two (2) business days after the date upon which Bids are opened. (Intermediate $aturdays, Sundays, and legal holidays are not counted.) The written protest shall include the name of the protesting Bidder, a detailed description of the specific factual and legal grounds for the protest, copies of all supporting documents, and the specific reliefrequested. The written protest shall be delivered to:

Purchasing Lead

Spokane Public Schools

200 N. Bernard

Spokane, Washington 99201

2. Consideration. Upon receipt of the written protest, the Spokane School District will consider the protest. The Spokane School District may, within three (3) business days of the Spokane School

District's receipt of the protest, provide any other affected Bidder(s) the opportunity to respond in writing to the protest. If the protest is not resolved by mutual agreement of the protesting Bidder and the Spokane School District, the Superintendent of the Spokane School District or the

Superintendent's designee will review the issues and promptly furnish a final and binding written decision to the protesting Bidder and any other affected Bidder(s) within six (6) business days of the Spokane School District's receipt of the protest. (If more than one (1) protest is filed, the

Spokane School District's decision will be provided within six (6) business days of the Spokane

School District's receipt of the last protest.) Ifno reply is received from the Spokane School District during the six (6) business-day period, the protest shall be deemed rejected.

3. Waiver. Failure to comply with these protest procedures will render a protest waived.

INSTRUCTIONS TO BIDDERS

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4. Condition precedent. Timely and proper compliance with and exhaustion of these protest procedures shall be a condition precedent to any otherwise permissible judicial consideration of a protest.

POST BID INFORMATION

INFORMATION FROM APPARENT LOW BIDDER

1. Submittal. Within forty-eight (48) hours of the Architect's request, the apparent low Bidder and any other Bidders so requested shall submit the following to the Architect and the Spokane School

District:

(a) additional information regarding the use of their own forces and the use of subcontractors and suppliers, ifrequested by Spokane School District;

(b) a properly executed Contractor's Qualification Statement on the form provided (unless otherwise required to be submitted at the time of the Bid);

( c) a letter or form from the Bidder's insurance company stating that the insurance required by the

Contract Documents will become effective upon execution of the Contract;

(d) a letter or form from the Bidder's surety stating that the bond(s) required by the Contract

Documents will become effective upon execution of the Contract;

(e) ifrequested by the Spokane School District, a detailed breakdown of the Bid in a form acceptable to the Spokane School District; and

(f) a signed statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria ofRCW 39.04.350(l )(g).

Failure to provide any of the above information in a timely manner may constitute an event ofbreach permitting forfeiture of the Bid security.

2. Responsibility. The Bidder will be required to establish to the satisfaction of the Architect and the

Spokane School District the reliability and Responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents as well as qualifications set forth in the Sections of the Project Manual pertaining to such proposed Subcontractor's respective trades.

The Responsibility of the Bidder may be judged in part by the Responsibility of these proposed entities. The following will be considered:

• The ability, capacity, and skill to perform the contract;

• The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

• Whether the Bidder can perform the contract within the time specified;

• The quality of performance of previous contracts;

• The previous and existing compliance by the Bidder with laws relating to the contract; and

• Such other information as may be secured having a bearing on the decision to award the contract.

CONSIDERATION. In considering a Bidder's Responsibility, a Bidder shall be deemed to be unqualified to perform the Contract if, after review and verification of the representations included upon the Contractor's Qualification Statement submitted by the Bidder, conditions such as, but not limited to, the following appear:

(a) The Bidder does not have sufficient prior experience (or an acceptable substitute thereof, as described below) with projects of a similar nature in technical, managerial, and financial requirements to that in the present Contract being bid. In addition to such established contractors, INSTRUCTIONS TO BIDDERS a newly established contractor may be considered qualified if it has shown on the Contractor's Qualification Statement that it is staffed with sufficient technical, managerial, and financial personnel with prior experience in the nature of construction for which the Bids are invited.

(b) The Bidder does not have sufficient capability to undertake the obligations of the Contract.

A determination will be made when the Spokane School District's review of the probable cash flow needs of the Bidder for this Project (including payroll, cost of material and supplies, equipment rental costs, and any other direct or incidental costs of the Contract), concludes that the Bidder does not have sufficient financial resources to enable it to satisfy its fmancial obligations under the Contract.

( c) The Bidder has submitted unrealistic unit prices as determined by other Bidders' unit prices for this Project.

(d) The Bidder does not have sufficient staff, equipment, or plant available to perform the Contract. The Spokane School District's determination in this matter will be based upon that represented by Bidder in the Contractor's Qualification Statement.

(e) The Bidder has a history of unsatisfactory performance of contracts of this or similar nature, regardless of whether such contracts existed between the Spokane School District and the Bidder, or other parties.

• A determination of this nature will be made if the Spokane School District, after review of the Bidder previous work experience, determines that the Bidder's unsatisfactory performance has resulted predominantly from the Bidder's failure rather than a failure to perform by another party. The Spokane School District will give the Contractor an opportunity to explain such nonperformance's before any final determination is reached.

• A determination of failure to perform will be made if the Spokane School District is satisfied after review of the Bidder's prior experience, that the Bidder has failed to satisfy its obligations under past contracts and the Spokane School District cannot safely assume satisfactory performance of the Contract by the Bidder.

• In reaching its determination, the Spokane School District may consider statements of other parties to the prior unperformed contracts, as well as the representations of the Bidder on its Contractor's Qualification Statement.

3. Subcontractors. The Responsibility of the Bidder may be judged in part by the Responsibility of its Subcontractors. Bidders must verify Responsibility criteria for each first-tier Subcontractor. A Subcontractor of any tier that hires other Subcontractors must verify Responsibility criteria for each of its next lower-tier Subcontractors. Verification shall include that each Subcontractor, at the time of subcontract execution, is Responsible and possesses an electrical contractor license, if required by RCW 19.28, or an elevator contractor license, if required by RCW 70.87, and can obtain any payment and performance bonds required by the Bidding or Contract Documents.

4. Request to Modify Criteria. No later than ten (10) days prior to the Bid Date, a potential Bidder may request in writing that the Spokane School District modify the Responsibility criteria listed in clause (2) above or elsewhere in the Contract Documents or the Bidding Documents. The Spokane School District will evaluate the information submitted by the potential Bidder and respond before the Bid Date. If the evaluation results in a change of the criteria, the Spokane School District will issue an Addendum identifying the new criteria.

5. Objection. Prior to the Award of the Contract, the Architect will notify the Bidder in writing if either the Spokane School District or the Architect, after due investigation, has reasonable objection to the Bidder or a person or entity proposed by the Bidder, and the Spokane School District will provide the reasons for the determination. The Bidder may appeal the determination within two (2) business days of its receipt of the objection by presenting additional information to the Spokane School District, and the Spokane School District will consider the additional information before

INSTRUCTIONS TO BIDDERS

B. CONFLICTS: In case of conflict between the provisions of these Instructions and any other Bidding

Document, these Instructions shall govern. In case of conflict between the provisions of the Bidding

Documents and the Contract Documents, the Contract Documents shall govern.

1.09 CONTRACT DOCUMENTS

This paragraph contains descriptions of some but not all of the provisions of the Contract Documents.

A. RETAIN AGE: The Contract Documents specify the statutory retainage requirements ofRCW 60.28 for this Project.

B. CONTRACT TIME: The Contract Documents specify the Contract Time. Timely completion of this

Project is essential to the Spokane School District.

C. PREVAILING WAGES: The Contract Documents contain requirements regarding the payment of prevailing wages pursuant to RCW 3 9 .12.

D. WRITTEN CLAIMS AND NOTICE: The Contract Documents contain a number of provisions that require the Contractor to provide notice of Claims and to make and support Claims, in writing, within a specified time in order to maintain the Claim. The Spokane School District is under no obligation to consider Claims that fail, in any respect, to meet these requirements.

E. CHANGES IN CONTRACT SUM: The Contract Documents contain provisions specifying requirements for and pricing of changes in the Contract Sum.

F. DISPUTE RESOLUTION: The Contract Documents contain alternative dispute resolution procedures which, among other things, requires non-binding mediation of all disputes.

G. CONTRACTOR REGISTRATION: Pursuant to RCW 39.06, the Bidder shall be registered or licensed as required by the laws of the State of Washington, including but not limited to, RCW 18.27.

H. COMMISSIONING OF OPERATIONAL SYSTEMS: Certain systems may be designated in the

Contract Documents as "Operational Systems." If so, prior to the Date of Substantial Completion the

Operational Systems must be up and running, ready for normal operation, and subject to a pre commissioning inspection.

I. TAXES. The Contractor shall include in its Bid and pay for all applicable taxes except Washington

State Sales Tax and Local Sales Tax on the Contract Sum, which shall be excluded in the preparation of its Bid. Such State and Local Sales Taxes shall be added to the Contract Sum, paid by the Spokane

School District to the Contractor, and then paid by the Contractor over the course of the Project. Refer to general, supplementary or other conditions regarding further information.

J. OTHER PROVISIONS: The above paragraphs contain descriptions of some but not all of the provisions of the Contract Documents. Bidders should review in detail the Contract Documents themselves and not rely upon the above paragraphs in this article as complete or inclusive.

1.10 POSSIBLE TRENCH EXCAVATION SAFETY PROVISIONS

A. To ensure that the Bidder agrees to comply with relevant trenching safety requirements of

RCW 39.04.180 and RCW 49.17, the Base Bid must include the cost of any required trench safety provisions. The Bidder shall enter in the blank provided on the Bid form the dollar amount the Bidder has included in its Base Bid for any trench safety provisions for trenching that will exceed a depth of four feet. If trench excavation safety provisions do not pertain to the Project, the Bidder may enter

"N.A." or "Not Applicable" in the blank on the Bid form.

INSTRUCTIONS TO BIDDERS

B.

C.

1.07 issuing its final determination. The Bidder may, after the Spokane School District's objection or determination, and at Bidder's option, (I) withdraw the Bid, (2) submit an acceptable substitute person or entity with no change in the Contract Time and no adjustment in the Base Bid or any

Alternate Bid, even if there is a cost to the Bidder occasioned by the substitution, or (3) appeal by filing a protest in accordance with paragraph 1.05.D. In the event of withdrawal, Bid security will not be forfeited.

6. Change. Persons and entities proposed by the Bidder and to whom the Spokane School District or the Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Spokane School District and the Architect.

7. Right to Terminate. The Bidder's representations concerning its qualifications will be construed as a covenant under the Contract. Should it appear that the Bidder has made a material misrepresentation on its Contractor's Qualification Statement, the Spokane School District shall have the right to terminate the Contract for cause for the Contractor's breach, and the Spokane

School District may then pursue such remedies as exist elsewhere under this Contract, or as otherwise are provided at law or equity.

INFORMATION FROM OTHER BIDDERS: All other Bidders designated by the Architect as under consideration for award of a Contract shall also provide a properly executed Contractor's Qualification

Statement, if so requested by the Spokane School District.

BIDDING MISTAKES: The Spokane School District will not be obligated to consider notice of claimed bidding mistakes received more than three (3) business days after the Bid opening. In accordance with

Washington law, a low Bidder that claims error and fails to enter into the Contract is prohibited from bidding on the Project if a subsequent call for Bids is made for the Project.

PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

A. BOND REQUIREMENTS: Within forty-eight (48) hours after the issuance of the Spokane School

District's notice of intent to award the Contract, and prior to the date of execution of the Contract, the

Bidder shall furnish evidence satisfactory to the Spokane School District of its ability to obtain statutory bonds pursuant to RCW 39.08 covering the faithful performance of the Contract and the payment of all obligations arising thereunder in the form prescribed in the Contract Documents and in the full amount of the Contract Sum plus sales tax. The cost of such bond shall be included in the Base Bid.

B. TIME OF DELIVERY AND FORM OF BONDS. The Bidder shall deliver the bonds and other documents required by the Contract Documents (including but not limited to certificates of insurance) to the Spokane School District pursuant to the Contract Documents and in no event any later than seven (7) days after the date of execution of the Contract and prior to commencing operations at the site. The bonds shall be written in the form approved by the Spokane School District for public work, as required by RCW 39.08. The bonds shall be written by a surety firm licensed to do business in the

State of Washington, with an A.M. Best rating of at least ANII. The Bidder shall require the

Attorney-in-Fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of that person's Power of Attorney.

1.08 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

A. FORM TO BE USED: The Agreement for the Work will be written on the form(s) contained in the

Bidding Documents, including any General, Supplemental or Special Conditions, and the other Contract

Documents included with the Project Manual.

INSTRUCTIONS TO BIDDERS

I 873 869 I 8.3

INSTRUCTIONS TO BIDDERS

187386918.3

END OF SECTION

BIDDER DETERMINATION FORM- BID NO. 11-2627

RESPONSIBLE BIDDER DETERMINATION FORM

The following questionnaire must be completed in full, signed by an authorized agent of the Bidder, and submitted with Bid. Failure to submit this form is grounds for rejection of Bid. Attach additional sheets as necessary to fully provide required information.

CONTRACTOR (Legal Business Name): _________ ________ _

Office Address:

Contact Person & Title:

Phone:

Email:

WA State Contractor License Number:

Contractor's Unified Business Identified (UBI) Number:

Bidder is a(n): __ Individual __ Partnership _ _ Corporation

List other business names used by Bidder during past five years, if different than listed above:

Address of the office that will provide service:

Length of time Bidder has been engaged in work of this type and scope:

Length of time Bidder has conducted business in the Greater Spokane Area:

Has the Bidder, or any representative or partner thereof, failed to complete any public works contract?

No Yes If yes, provide details:

Spokane Public Schools, District No. 81 Bid Determination Form

BIDDER DETERMINATION FORM- BID NO. 11-2627

Has the Bidder ever had any performance bonds called as a result of its work?

No Yes If yes, provide project name(s), contracting party(s), and bond amount(s)

Does the Bidder hold all required licenses, registrations, and permits to perform public works in

Washington State:

No Yes If no, provide details:

Does the Bidder have the ability to obtain all required bonds and insurance for this project

(including payment and performance bonds):

No Yes If no, provide details:

Has the Bidder been disqualified from bidding on public works projects in Washington State within the past two years?:

No Yes If yes, provide details:

The Bidder has not been found out of compliance with prevailing wage laws within the past three years and, if so, all issues have been fully resolved:

No Yes If no, provide details:

Bidder complies with all Washington State and federal labor, wage, and hour laws:

No Yes If no, provide details:

Has the Bidder ever had been found guilty of any violation of State or Federal Employment

Laws?

BIDDER DETERMINATION FORM - BID NO. 11-2627

The Bidder is registered with and is in good standing with the Washington State Department of

Revenue:

No Yes If no, provide details:

The Bidder is registered with and is in good standing with the Washington State Department of

Labor & Industries (industrial insurance and contractor registration):

No Yes If no, provide details:

The Bidder is registered with and is in good standing with the Washington State Employment

Security Department:

No Yes If no, provide details:

Has the Bidder ever filed for Chapter Eleven or other bankruptcy? _ No If yes, provide details:

Yes

Within the last five years, has the Bidder been involved in litigation, claims, or judgments that would materially affect its ability to perform this project?

No Yes If yes, provide details:

Has the Bidder filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment to any of this employees in the past five years?

No Yes If yes, provide dates, type(s) of injury, agency(s) receiving claim:

Within the past three years, has the bidder been cited for willful safety violations and, if so cited, corrected all violations and is currently in compliance?

Provide location of Bidder's main parts support warehouse:

Provide standard labor rate for service work performed on a time and materials basis:

PROJECT REFERENCES:

Provide list of project references for projects of similar type and scope, completed within the past five years. Each reference should include organization name, contact name, address, telephone number, and a description of project. If needed, use the identical form on additional sheets of paper, continuing to number the references.

Name and Address

ABC Co.

Spokane, WA

1.

2.

3.

CERTIFICATION

Contact Name and Telephone Number

(EXAMPLE)

John Smith

(509) 555-5555

Project Type, Contract Amount

Re-Construct Library

$150,000.00 5/25/05

Date

The undersigned represents and warrants under penalties of perjury that I am authorized to make this statement on behalf of the Bidder and that the foregoing information is true, accurate, and complete (to the best of my knowledge). The undersigned herby authorizes the Owner or their Consultant to verify all information contained herein.

Signature of

Bidder:

Title:

Date:

END OF SECTION

I

SPOKANE PUBLIC SCHOOLS DNISION 16

ELECTRICAL

SECTION 16411

SPOKANE, WASHING TON

LOGAN ELEMENTARY SCHOOL

COOLING TOWER REPLACEMENT - 2026 EXISTING DIST. EQUIPMENT

PART 1 - GENERAL

1.01 SCOPE OF WORK

A. Modify and connect to existing switchboards, panelboards and distribution panel as shown on the Drawing(s).

B. Revise existing nameplates and circuit directory cards as described below.

1.02 REGULATORY REQUIREMENTS

1.03

A. Conform to requirements of ANSI/NFPA 70.

B. Furnish products listed and classified by Underwriters Laboratories, Inc.

PROJECT CONDITIONS

A. Verify field measurements as shown on drawings.

PART 11-MATERIALS

2.01 MATERIALS

A. Overcurrent devices shall match existing equipment as to manufacturer, type and minimum short-circuit rating.

PART 111-EXECUTION

3.01 INSTALLATION

A. Install new circuit protective devices in existing switchboards, panelboards, and distribution panels in available space. Where necessary, relocate existing active devices to make adjacent spaces available.

B. Schedules shown for existing panelboards/switchboards represent the circuit breaker/fusible switch configuration required by the current project. Contractor shall make site investigation and determine the type, number, and arrangement of existing circuit breakers/fusible switches for each existing panelboard/switchboard to insure inclusion of all required devices.

C. Install blank covers over live bus in existing switchboards/panelboards wherever such exposures are found.

D. Reorganize existing switchboards/panelboards and associated equipment to provide space for new equipment as shown on the Drawing(s).

E. Revise existing panel and switchboard schedules as required to reflect current circuit configuration. Reprint on card stock (laser printed) new schedules in accordance with Specification 16199 showing both new and existing circuits.

END OF SECTION 16411

Master Spec Rev. 4/21/16