IFB 2424 Project Manual.pdf.crdownload

PROJECT MANUAL

INVITATION FOR BIDS IFB 2424 TCP

SITE: Everett Smelter CSID No. 4298

PROJECT: Everett Smelter Uplands Residential 2022 Cleanup Group

LOCATION: Everett, Snohomish County, Washington

VIRTUAL AND IN PERSON BID OPENING TIME: 3:00 pm (local time in Lacey, WA)

VIRTUAL AND IN PERSON BID OPENING DATE: Tuesday, October 22, 2024.

ECOLOGY DIRECTOR: Laura Watson

ECOLOGY PROGRAM: Toxics Cleanup Program

CONTRACTS OFFICER: Nick Fitzgerald, P.E.

PROJECT MANAGER: Sandra Matthews

DATE: August 2024

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DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 01 05 – CERTIFICATIONS PAGE

IFB 2424 TCP Certifications

Page 00 01 05 - 2 EVERETT SMELTER UPLANDS

RESIDENTIAL 2022 CLEANUP GROUP

AUGUST 2024

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SECTION 00 01 10 – TABLE OF CONTENTS

IFB 2424 TCP Table of Contents

Page 00 01 10 - 1 EVERETT SMELTER UPLANDS

SECTION 00 01 10

TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 05 – Certification of Technical Specifications 00 01 10 – Table of Contents 00 11 16 – Invitation for Bids 00 21 13 – Instructions to Bidders 00 22 13 – Supplemental Bidder Responsibility Criteria 00 41 00 – Bid Forms 00 43 43 – Prevailing Wages 00 72 00 – General Conditions 00 73 19 – Health and Safety Requirements

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 – Summary 01 11 13 – Work Covered by Contract Documents 01 14 13 – Access to Site 01 18 00 – Project Utility Sources 01 20 00 – Price and Payment Procedures 01 25 00 – Substitution Procedures 01 26 13 – Requests for Information 01 31 00 – Project Management and Coordination 01 33 00 – Submittal Procedures 01 35 04 – Cultural Resource Procedures 01 35 29.13 – Health, Safety, and Emergency Response Procedures for Contaminated Sites 01 35 43.10 – Green Construction Practices 01 41 00 – Regulatory Requirements 01 42 00 – References 01 45 16.13 – Contractor Quality Control 01 50 00 – Temporary Facilities and Controls 01 56 26 – Temporary Fencing 01 56 39 – Temporary Tree and Plant Protection 01 57 13 – Temporary Erosion and Sediment Control 01 58 13 – Temporary Project Signage 01 60 00 – Product Requirements 01 71 23 – Field Engineering 01 74 19 – Construction Waste Management and Disposal 01 77 00 – Closeout Procedures

SECTION 00 01 10 – TABLE OF CONTENTS

IFB 2424 TCP Table of Contents

Page 00 01 10 - 2 EVERETT SMELTER UPLANDS

DIVISION 02 – EXISTING CONDITIONS

02 22 00 – Existing Conditions Assessments 02 41 13 – Selective Site Demolition 02 61 13 – Excavation and Handling of Contaminated Material

DIVISION 03 – CONCRETE

03 30 00 – Cast-in-Place Concrete

DIVISION 31 – EARTHWORK

31 11 00 – Clearing and Grubbing 31 23 16 – Excavation 31 23 23 – Fill

DIVISION 32 – EXTERIOR IMPROVEMENTS

32 14 00 – Unit Paving 32 15 00 – Aggregate Surfacing 32 16 00 – Curbs, Gutters, Sidewalks, and Driveways 32 31 00 – Fences and Gates 32 32 00 – Retaining Walls 32 92 23 – Sodding 32 93 33 – Shrubs 32 93 43 – Trees

APPENDICES

APPENDIX A: CONTRACT DOCUMENTS/REQUIREMENTS

A01 Contract Drawings A02 Arsenic Rule A03 Property Specific Lists of Plants and/or Bulbs

APPENDIX B: PERMITS AND PERMITTING CONDITIONS

B01 NPDES Permit Information

APPENDIX C: SITE CONDITIONS DOCUMENTS

C01 Pre-Construction Soil Sampling Results

APPENDIX D: INADVERTENT DISCOVERY PLAN

D01 Inadvertent Discovery Plan

END OF SECTION 00 01 10

SECTION 00 11 16 - INVITATION FOR BIDS

IFB 2424 TCP Invitation for Bids

Page 00 11 16 - 1

EVERETT SMELTER UPLANDS

SSECTION 00 11 16

INVITATION FOR BIDS

Invitation for Bids Number: IFB 2424 TCP

Project Title: Everett Smelter Uplands Residential 2022 Cleanup Group

ALERT: In an effort to keep our contractors and staff healthy, the Department of Ecology (Ecology) is making changes to the Public Works bid processes for pre-bid walk-through, bid submittal, and bid opening.

Ecology will be accepting mailed-in or hand-delivered bids. Ecology will accept hand delivered bids only on the day of bid opening following the directions below. Electronic bids (esubmission) will NOT be accepted. Bidders should allow sufficient time to ensure timely receipt of their bid.

BID SUBMITTAL TIME/DATE/LOCATION: SEALED BIDS will be accepted for IFB 2424 TCP the State of Washington Department of Ecology (Ecology) until 3:00 pm (local time in Lacey, WA), Tuesday, October 22, 2024.

Clearly identify it is a “SEALED BID” on the outside of the envelope and identify the Project Title and IFB number to ensure that the bid is routed correctly.

A. Mailed-in Bid Proposals must be received by Ecology prior to 3:00 pm (local time in Lacey, WA), Tuesday, October 22, 2024.

Mailed-in proposals shall be addressed as follows:

U.S. Postal Service Regular Mail UPS, FEDEX

Attn: Nick Fitzgerald, P.E.

Department of Ecology Toxics Cleanup Program

PO BOX 47600

Olympia, Washington 98504-7600

Department of Ecology Toxics Cleanup Program Attn: Nick Fitzgerald, P.E.

300 Desmond Drive SE Lacey, Washington 98503

Page 00 11 16 - 2

B. Hand delivered submittals will only be accepted at Ecology’s Headquarters between the hours of 9:00 am (local time in Lacey, WA) and prior to 3:00 pm (local time in Lacey, WA) only on Tuesday, October 22, 2024. Ecology Staff will retrieve bid proposals at bid closing to ensure proper time stamp.

Hand delivered bids shall be addressed as follows:

Department of Ecology Toxics Cleanup Program Attn: Nick Fitzgerald, P.E.

SUBCONTRACTOR LISTING SUBMITTAL(S): The subcontractor listing requirements are described below in Notice to Bidders, Item F., and if applicable include two submittals as follows:

Form A, (HVAC, Plumbing, Electrical): Within one hour after bid submittal time/date, submit Form A by email to: tcphqpwcontracts@ECY.WA.GOV.

Form B (Structural Steel Install, Rebar Install): Within 48 hours of bid submittal time, submit Form B by email to: tcphqpwcontracts@ECY.WA.GOV.

Form A and B are located in the Project Manual (Section 00 41 00 Bid Form), which can be downloaded at the link presented in BID DOCUMENTS/PROJECT MANUAL section found below in this IFB.

VIRTUAL AND IN PERSON PUBLIC BID OPENING. All Ecology Public Works Bid Openings will be conducted in person and via a live stream through Zoom. A link to the live stream for bid opening is provided below. If you have questions, please contact us using Ecology’s Point of Contact information provided at the end of this invitation.

When: 3:00 pm (local time in Lacey, WA),Tuesday, October 22, 2024

Join Zoom Meeting https://waecy-wa-gov.zoom.us/j/88697342764?pwd=yeGUN23COQVa3RnJ5OApRTWpxoMtDC.1

Meeting ID: 886 9734 2764 Passcode: 672737

One tap mobile

+12532050468,,88697342764#,,,,*672737# US

+12532158782,,88697342764#,,,,*672737# US (Tacoma) mailto:tcphqpwcontracts@ECY.WA.GOV https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwaecy-wa-gov.zoom.us%2Fj%2F88697342764%3Fpwd%3DyeGUN23COQVa3RnJ5OApRTWpxoMtDC.1&data=05%7C02%7Ckfellows%40geoengineers.com%7C3894d1cc88a04c0d70b708dcb56f20d7%7C9c984c59134640ee833f330437a233ce%7C0%7C0%7C638584736128717705%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=GS6Vlo5pxK2SGt4%2B2%2BnT%2FvgieDllrfm%2BUaMgLM5sEo0%3D&reserved=0 https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwaecy-wa-gov.zoom.us%2Fj%2F88697342764%3Fpwd%3DyeGUN23COQVa3RnJ5OApRTWpxoMtDC.1&data=05%7C02%7Ckfellows%40geoengineers.com%7C3894d1cc88a04c0d70b708dcb56f20d7%7C9c984c59134640ee833f330437a233ce%7C0%7C0%7C638584736128717705%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=GS6Vlo5pxK2SGt4%2B2%2BnT%2FvgieDllrfm%2BUaMgLM5sEo0%3D&reserved=0

Page 00 11 16 - 3

Dial by your location

• +1 253 205 0468 US

• +1 253 215 8782 US (Tacoma)

• +1 346 248 7799 US (Houston)

• +1 669 444 9171 US

• +1 669 900 6833 US (San Jose)

• +1 719 359 4580 US

• +1 312 626 6799 US (Chicago)

• +1 360 209 5623 US

• +1 386 347 5053 US

• +1 507 473 4847 US

• +1 564 217 2000 US

• +1 646 931 3860 US

• +1 689 278 1000 US

• +1 929 205 6099 US (New York)

• +1 301 715 8592 US (Washington DC)

• +1 305 224 1968 US

• +1 309 205 3325 US

Meeting ID: 886 9734 2764 Passcode: 672737

Find your local number: https://waecy-wa-gov.zoom.us/u/kQxuH9hTS

PROJECT SCOPE/SUMMARY OF WORK:

This project remediates soils contaminated with arsenic from operations of the former Asarco Smelter, at twenty-six (26) single-family residential properties in north Everett, Snohomish County, Washington, shown in the Contract Drawings. All work is outdoors.

Work at each property typically includes implementing temporary construction controls for environmental protections, selective demolition or temporary removal of site features, excavating soils contaminated with arsenic; disposing of excavated soils at an approved landfill; importing clean fill material; backfilling with imported material, compacting, and grading; restoring properties to preconstruction conditions; and landscape and lawn restoration and maintenance, all in accordance with the requirements of the Project Manual.

See Section 01 10 00 – Summary for a more extensive description of the work.

ESTIMATED BID RANGE: $3,000,000 to $3,700,000.

PRE-BID MEETING: A voluntary pre-bid meeting will occur through Zoom.

When: 2:00 PM Tuesday, September 10, 2024 Join Zoom Meeting https://waecy-wa-gov.zoom.us/j/84303348028?pwd=9NNcSpSJe8I7EvNPCUTHYR8mm4MAc6.1 https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwaecy-wa-gov.zoom.us%2Fu%2FkQxuH9hTS&data=05%7C02%7Ckfellows%40geoengineers.com%7C3894d1cc88a04c0d70b708dcb56f20d7%7C9c984c59134640ee833f330437a233ce%7C0%7C0%7C638584736128730256%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=W3tFbK9A5IISPI3d1YtphiYNPeIoU3MutQ40OoUkRDo%3D&reserved=0 https://waecy-wa-gov.zoom.us/j/84303348028?pwd=9NNcSpSJe8I7EvNPCUTHYR8mm4MAc6.1 https://waecy-wa-gov.zoom.us/j/84303348028?pwd=9NNcSpSJe8I7EvNPCUTHYR8mm4MAc6.1

Page 00 11 16 - 4

Meeting ID: 843 0334 8028 Passcode: 965509

One tap mobile

+12532050468,,84303348028#,,,,*965509# US

+12532158782,,84303348028#,,,,*965509# US (Tacoma)

Dial by your location

• +1 253 205 0468 US

• +1 253 215 8782 US (Tacoma)

• +1 346 248 7799 US (Houston)

• +1 669 444 9171 US

• +1 669 900 6833 US (San Jose)

• +1 719 359 4580 US

• +1 309 205 3325 US

• +1 312 626 6799 US (Chicago)

• +1 360 209 5623 US

• +1 386 347 5053 US

• +1 507 473 4847 US

• +1 564 217 2000 US

• +1 646 931 3860 US

• +1 689 278 1000 US

• +1 929 205 6099 US (New York)

• +1 301 715 8592 US (Washington DC)

• +1 305 224 1968 US

Meeting ID: 843 0334 8028 Passcode: 965509

Find your local number: https://waecy-wa-gov.zoom.us/u/kcKn0enRVg

Note: Please contact Sandra Matthews at (425) 223-1999 (smat461@ecy.wa.gov) at least five working days prior to the scheduled pre-bid date if special accommodations are required for your attendance.

Questions asked at the pre-bid meeting and the list of pre-bid meeting attendees will be posted on the Department of Ecology’s Box.com page.

NOTICE TO BIDDERS:

A. PRE-BID SITE ACCESS: The sites are residential properties with occupied single-family homes and Prospective Bidders will only have access to the sites from the rights-of-way.

https://waecy-wa-gov.zoom.us/u/kcKn0enRVg

Page 00 11 16 - 5

B. GENERAL: Upon contract award, the construction and successful completion of this project as defined in the Project Manual shall be the responsibility of the awarded Contractor, which is registered in the State of Washington.

This responsibility extends to work accomplished by subcontractors, vendors, and material and equipment suppliers through agreements with the Contractor. The Contractor shall assure that all personnel performing work in connection with this contract are familiar with the Project Manual including applicable procedures (including payment procedures), instructions, and technical requirements of this contract to ensure that construction proceeds to Final Completion and Final Acceptance in an orderly manner.

All work shall be done in accordance with the best modern construction practices and under the supervision of capable superintendents, forepersons, and workers fully experienced in their field of work.

C. SCHEDULE: The schedule for the Project is as follows:

The number of calendar days to achieve Substantial Completion = 240

The number of calendar days to achieve Final Completion = 60

The number of days the Project shall achieve Substantial Completion are calendar days from the date of the Notice to Proceed. The number of calendar days to achieve Final Completion are from the date of Substantial Completion.

D. VOLUNTARY MWBE AND VETERAN OWNED BUSINESS PARTICIPATION GOALS:

Voluntary participation goals of 10% MBE, 6% WBE, 5% Washington Small Business and 5% Veteran Owned Business have been established for this project. Achievement of these goals is encouraged. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preferences will be included in the evaluation of bids, and no minimum level of participation shall be required as a condition for receiving an award or completion of the contract work, and bids will not be rejected or considered non-responsive on that basis. Bidders may contact the Office of Minority and Women’s Business Enterprise to obtain information on certified MWBE firms and the Washington Department of Veteran’s Affairs for information on certified Veteran owned businesses.

Bidders may contact the Office of Minority and Women's Business Enterprise (OMWBE) at http://OMWBE.wa.gov/ to obtain information on certified firms. Bidders may also utilize Washington Small Businesses registered in WEBS at https://pr-webs-vendor.des.wa.gov/ and Veteran-owned Businesses at https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search.

http://omwbe.wa.gov/ https://pr-webs-vendor.des.wa.gov/ https://pr-webs-vendor.des.wa.gov/ https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search

Page 00 11 16 - 6

E. APPRENTICESHIP UTILIZATION REQUIREMENTS: The apprenticeship utilization requirement for this project is a percent of the total labor hours.

The Mandatory Apprenticeship Utilization Requirement is 15%

RCW 39.04.320 requires 15% Apprenticeship Participation for all projects estimated to cost one million dollars or more. Bidders may contact the Department of Labor and Industries, Specialty Compliance Services Division, Apprenticeship Section, P.O. Box 44530, Olympia, WA 98504-4530, by phone (360) 902-5320, and e-mail at apprentice@lni.wa.gov, to obtain information on available apprenticeship programs.

F. SUBCONTRACTOR LISTS FOR THIS PROJECT: In accordance with RCW 39.30.060, if the base bid and the sum of the additive alternates is one million dollars or more, the Bidder is required to provide the names of the Subcontractors with whom the Bidder will directly subcontract for the performance of heating, ventilation and air conditioning (HVAC), plumbing and electrical for this project on Subcontractor List Form A within one hour of the bid submittal time via email to tcphqpwcontracts@ECY.WA.GOV. The Bidder shall also provide names of the Subcontractors with whom the Bidder will subcontract for structural steel installation and rebar installation on Subcontractor List Form B within 48 hours of the bid submittal time via email to tcphqpwcontracts@ECY.WA.GOV. Form A and B are located in the Project Manual as an attachment to Section 00 41 00 Bid Proposal Form.

Note: The requirement for submitting both Form A and Form B applies regardless if there is NO performance of heating, ventilation and air conditioning (HVAC), plumbing and electrical (Form A Work): NOR any structural steel installation and rebar installation (Form B work) on this project. In such cases, where there is no Form A Work and no Form B work on the project, the Bidder shall indicate “not applicable” as appropriate on the forms. Ecology reserves the right not to VOID bids in cases were Form A Work and Form B Work are not part of the project, and when a Bidder failed to submit Form A and Form B within the time frames identified above.

G. BIDDER RESPONSIBILITY CRITERIA WILL BE EVALUATED FOR THIS PROJECT:

See Division 00 Section 00 21 13 - “Instructions to Bidders” and Section 00 22 13

– “Supplemental Bidder Responsibility” for the mandatory and supplemental bidder responsibility criteria for this project.

H. Ecology reserves the right to accept or reject any or all bid proposals and to waive as informality any minor irregularities of any bid received.

mailto:apprentice@lni.wa.gov https://app.box.com/s/5yums0zn266jp9bhldf7ykq0iju8inq8 https://pr-webs-vendor.des.wa.gov/ mailto:nfit461@ecy.wa.gov mailto:smat461@ecy.wa.gov mailto:nfit461@ecy.wa.gov

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

IFB 2424 TCP Instructions to Bidders

Page 00 21 13 - 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1.01 BIDDERS - GENERAL

A. “Bidder” is an entity or person who submits a bid proposal for the work stipulated in the contract documents.

The Bidder must be registered by the Washington State Department of Labor and Industries in accordance with RCW 18.27.020. Insert the contractor registration number, expiration date, Uniform Business Identifier (UBI) number, and federal tax identification number on the Bid Proposal Form in the applicable spaces.

B. "Employee" means an individual who is employed in the business of his employer whether by way of manual labor or otherwise.

C. “Physical Office” is the space that a bidder owns or rents in conducting the business of the services required for completing the work described in these documents. The “physical office” is staffed by employees of the bidder. The “physical office” is accessible to the general public, and dedicated solely to conducting the business of the services provided by the bidder

1.02 EXPLANATION TO PROSPECTIVE BIDDERS

A. In accordance with RCW 39.04.380 effective March 30, 2012, the State of

Washington is enforcing a Reciprocal Preference for Resident Contractors. Any public works bid received from a nonresident contractor from a state that provides an in- state percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor.

A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

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

2. At the time of bidding on a public works project, does not have a physical office located in Washington.

The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor's business entity was formed.

All nonresident contractors will be evaluated for out of state Bidder preference. If the state of the nonresident contractor provides an in-state contractor preference, a comparable percentage disadvantage will be applied to their bid prior to contract award.

This section does not apply to public works procured pursuant to RCW https://apps.leg.wa.gov/RCW/default.aspx?cite=39.04.380 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.155

Page 00 21 13 - 2

39.04.155, 39.04.280, or any other procurement exempt from competitive bidding.

B. Any prospective Bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit a request in writing to Ecology no later than seven (7) calendar days before the bid due date. The Invitation for Bids (Section 00 11 00) contains the contact information for Ecology. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders by addendum to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Bidders.

C. In accordance with the legislative findings and policies set forth in RCW

39.19 the State of Washington encourages participation in all of its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this invitation or as a subcontractor to a Bidder. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be included in the evaluation of bids, no minimum level of MWBE participation shall be required as a condition for receiving an award, and bids will not be rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply.

D. The State of Washington encourages participation in all of its contracts by Veteran-owned businesses (defined in RCW 43.60A.010) and located at INSTRUCTIONS TO BIDDERS Page 2 of 11 Effective August 1, 2022 http://www.dva.wa.gov/program/certified-veteran-and-servicemember-owned-businesses and Small, Mini and Micro businesses (defined in RCW 39.26.010) which have registered in WEBS at https://pr-webs-vendor.des.wa.gov/ 1. In order to report payment detail, the Contractor must create an account in the DES Public Works Diversity Tracking & Management System powered by B2GNow or verify if an account has already been created on behalf of the Contractor:

https://des.diversitycompliance.com. The DES Public Works Diversity Tracking & Management System is designed to streamline and automate compliance reporting requirements, empowering vendors to maintain accurate contact information and submit contract payment details online.

Note: This paragraph not used.

1. Every month for the duration of the contract, and while the contract is active in the Ecology fiscal system, submit and accurately maintain the following payment information with the A-19 payment application:

(a) Payments received by the prime contractor from the Agency http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.155 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.280 https://apps.leg.wa.gov/RCW/default.aspx?cite=39.19 https://apps.leg.wa.gov/RCW/default.aspx?cite=39.19

Page 00 21 13 - 3

(b) Payments paid to each first tier subcontractor

(c) Payments paid to each first tier supplier

2. The Contractor must also ensure the following information is reported to Ecology by first tier subcontractors and suppliers for the duration of the contract:

(a) Confirmation of payments from the prime contractor to the subcontractor

(b) Payment reporting to each supplier

E. In accordance with RCW 39.04.320, for all public works estimated to cost one million dollars or more, the State of Washington requires no less than 15% of the labor hours be performed by apprentices. A contractor or subcontractor may not be required to exceed the 15% requirement. On applicable projects, the bid advertisement and Bid Proposal Form shall establish a minimum required percentage of apprentice labor hours compared to the total labor hours.

1. Incentives - The Contractor who meets or exceeds this utilization requirement on eligible contracts, will be awarded a monetary incentive described in the Apprentice Utilization Requirements section of the Bid Form.

2. Penalties - The Contractor who fails to meet the utilization requirement and fails to demonstrate a Good Faith Effort, as outlined below, is subject to penalties described in the Apprentice Utilization Requirements section of the contract Bid Form. Contractor will receive an invoice payable to Ecology within 30 days.

3. Cost Value - The expected cost value associated with meeting the goal is included in the Base Bid as described on the Bid Form.

4. Utilization Plan - The Contractor shall provide an Apprentice Utilization Plan (Plan) demonstrating how and when they intend to achieve the Apprenticeship Utilization Requirement. The Plan shall have enough information to track the Contractor’s progress in meeting the utilization requirement. The Contractor shall submit the Plan on the Apprentice Utilization Plan template (provided by the Ecology TCP Contracts Officer) within 30 days of Notice to Proceed of the contract and prior to submitting the first invoice. A sample of the Plan template is included as an attachment to this section. The Contractor shall provide an updated Plan during the course of construction when there are significant changes to the Plan, which may affect their ability to meet the requirement.

(a) The Plan shall be uploaded to the Department of Labor &

Industries’ (L&I) Prevailing Wage Intents and Affidavit (PWIA) system on L&I’s website (Contractor Portal).

https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.320 https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.320 https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.320 https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/contractor-portal

Page 00 21 13 - 4

(b) The Plan is not submitted for approval.

(c) It is expected that the Contractor will actively seek out opportunities to meet the Apprentice Utilization Requirement during construction even if the Plan indicates a shortfall in meeting the requirement.

(d) If the Plan indicates that the Contractor will not attain the Apprentice Utilization Requirement, then Contractor must submit “Good Faith Effort” (GFE) documentation with their Plan to L&I’s PWIA system.

5. Good Faith Effort (GFE)

(a) Good Faith Effort (GFE) documentation shall describe in detail why the Contractor is not or was not able to attain the Apprentice Utilization Requirement.

(i) Contractors may submit Good Faith Effort (GFE) documentation at any time during the construction.

(ii) All GFE documentation must be submitted no later than 30 days before substantial completion.

(b) Good Faith Effort (GFE) documentation must be in signed letter format uploaded to the PWIA system and include:

(i) The contract number, title and the apprentice utilization requirements,

(ii) The amount of apprentice labor hours the contract can or did attain along with the percentage of labor hours,

(iii) Contractors may receive a GFE credit for graduated

Apprentice hours through the end of the calendar year for all projects worked on as long as the Apprentice remains continuously employed with the same Contractor they were working for when they graduated. If an Apprentice graduates during employment on a project of significant duration, they may be counted towards a GFE credit for up to one year after their graduation or until the end of the project (whichever comes first). Determination of whether or not Contract requirements were met in good faith will be made by subtracting the hours from the journeyman total reported hours for the project and adding them to the apprentice hour total. If the new utilization percentage meets the Contract requirement, the Contractor will be reported as meeting the requirement in good faith,

(iv) Anticipated or actual shortfall (in apprentice labor hours and percentage) and the reason(s) for not attaining the required apprentice labor hours, Page 00 21 13 - 5

(v) Information from one or more of the following areas:

o Names of any State-Approved Apprentice Training

Programs contacted with the name(s) of person(s) contacted and dates of contacts, and a copy of each response from the Training Program(s), o Reference Contract Specifications or documents that affected the Contractor’s ability to attain apprentice utilization, o Discuss efforts the Contractor has taken to require Subcontractors to solicit and employ apprentices,

(vi) Backup documentation to the letter consisting of the following:

Letters, emails, phone logs including names dates and outcomes, posters, photos, payrolls, time cards, schedules, copies or references to other contract specifications or documents.

6. Additional Resource Information

(a) For questions regarding how to complete the Apprentice

Utilization Plan template or Good Faith Effort documentation, please contact the Ecology TCP Contracts Officer listed in the Bid Advertisement.

(b) Step-by-step instructions on how to access and navigate the L&I’s PWIA system, including uploading required documents can be found on the L&I website.

(c) Additional information about apprentice utilization on Public Works Project can be found on the L&I website.

1.03 PREPARATION OF BIDS – CONSTRUCTION

A. Bids must be: (1) submitted on the Bid Forms, or copies of forms, furnished by Ecology or Ecology’s agent, and (2) signed in ink. The person signing a bid must initial each change appearing on any Bid Forms. If the bid is made by a corporation, it shall be signed by the corporation’s authorized designee.

The address of the Bidder shall be typed or printed on the Bid Forms in the space provided.

B. The Bid Forms may require Bidders to submit bid prices for one or more items on various bases, including: (1) lump sum base bid; (2) lump sum bid alternate prices; (3) unit prices; or (4) any combination of items 1 through 3 above.

C. If the solicitation includes alternate bid items, failure to bid on the alternates may disqualify the bid. If bidding on all items is not required, Bidders should insert the words “no bid” in the space provided for any item on which no price is submitted.

Page 00 21 13 - 6

D. Substitute bid forms will not be considered unless this solicitation authorizes their submission.

1.04 BID GUARANTEE

A. When the sum of the base bid plus all additive bid alternates is $35,000.00 or less, bid security is not required.

B. When the sum of the base bid plus all additive alternates is greater than

$35,000.00, a bid guarantee in the amount of 5% of the base bid amount is required. Failure of the Bidder to provide bid guarantee when required shall render the bid non-responsive.

C. Acceptable forms of bid guarantee are: A bid bond or postal money order, or certified check or cashier’s check made payable to the Washington State Treasurer.

D. Ecology will return bid guarantees (other than bid bond) to unsuccessful Bidders as soon as practicable, but not sooner than the execution of a contract with the successful Bidder. The successful Bidder’s bid guarantee will be returned to the successful Bidder with its official notice to proceed with the work of the contract.

E. The Bidder will allow 60 days from bid opening date for acceptance of its bid by Ecology.

F. The Bidder will return to Ecology a signed contract, insurance certificate and bond or bond waiver within 15 days after receipt of the contract. If the apparent successful Bidder fails to sign all contractual documents or provide the bond and insurance as required or return the documents within 15 days after receipt of the contract, Ecology may terminate the award of the contract.

G. In the event a Bidder discovers an error in its bid following the bid opening, the Bidder may request to withdraw its bid under the following conditions:

1. Written notification is received by Ecology within 24 hours following bid opening.

2. The Bidder provides written documentation of the claimed error to the satisfaction of Ecology within 72 hours following the bid opening.

3. Ecology will approve or disapprove the request for withdrawal of the bid in writing. If the Bidder’s request for withdrawal of its bid is approved, the Bidder will be released from further obligation to Ecology without penalty. If it is disapproved, Ecology may retain the Bidder’s bid guarantee.

1.05 ADDITIVE OR DEDUCTIVE BID ITEMS

The low Bidder, for purposes of award, shall be the responsive Bidder offering the low aggregate amount for the base bid item, plus additive or deductive bid alternates selected by Ecology, and within funds available for the project.

The Bidder agrees to hold all bid alternate prices for sixty (60) days from date of bid opening.

Page 00 21 13 - 7

1.06 ACKNOWLEDGEMENT OF ADDENDA

Bidders shall acknowledge receipt of all addenda to this solicitation by identifying the addenda numbers in the space provided for this purpose on the Bid Form. Failure to do so may result in the bid being declared non-responsive.

1.07 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

The Bidder acknowledges that it has taken steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to; (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and road; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during the work. The Bidder also acknowledges that it has satisfied itself as to character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including exploratory work done by Ecology, as well as from the drawings and specifications made a part of this contract. Any failure of the Bidder to take the actions described and acknowledged in this paragraph will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work.

1.08 BID AMOUNTS

A. The bid prices shown for each item on the Bid Form shall include all labor, material, equipment, overhead and compensation to complete all of the work for that item.

B. The actual cost of building permit (only) and the public utility hookup fees will be a direct reimbursement to the Contractor or paid directly to the permitting agency by Ecology. Fees for these permits should not be included by the Bidder in the bid amount.

C. The Bidder agrees to hold the base bid prices for sixty (60) days from date of bid opening.

1.09 TAXES

The bid amounts shall not include Washington State Sales Tax (WSST). All other taxes imposed by law shall be included in the bid amount. Ecology will include WSST in progress payments. The Contractor shall pay the WSST to the Department of Revenue and shall furnish proof of payment to Ecology if requested.

NOTE: Contractor must bond for contract amount plus the WSST.

1.10 SUBMISSION OF BIDS

A. Bids must be submitted on or before the time specified in the Invitation for Bids.

B. The Bid Form shall be submitted in a sealed envelope addressed to the office specified in the Invitation for Bids. The envelope shall have printed on the outside:

Page 00 21 13 - 8

1. The Invitation for Bid number and project title.

2. The name and address of the Bidder.

3. Identification as Bid Proposal.

C. Prior to the bid opening, Ecology’s representative will designate the official bid clock. Any part of the Bid Form, or in the rare situation of a bid modification, not received prior to the times specified, per the designated bid clock, will not be considered and the bid will be returned to the Bidder unopened.

D. A bid may be withdrawn in person by a Bidder’s authorized representative before the opening of the bids. Bidder(s) representative will be required to show ID and sign on bid summary sheet before it will be released.

E. People with disabilities who wish to request special accommodation, (e.g., sign language interpreters, braille, etc.) need to contact Ecology’s project manager ten

(10) working days prior to the scheduled bid opening.

1.11 SUBCONTRACTOR LISTING

Pursuant to RCW 39.30.060, if the base bid and the sum of the additive alternates is one million dollars or more, the Bidder shall comply with the following requirements:

A. WITHIN ONE HOUR OF BID SUBMITTAL TIME: The Bidder shall provide names of the Subcontractors with whom the Bidder will subcontract for performance of heating, ventilation and air conditioning (HVAC), plumbing, and electrical on Subcontractor List Form A via email.

B. WITHIN 48 HOURS OF BID SUBMITTAL TIME: The Bidder shall also provide names of the Subcontractors with whom the Bidder will subcontract for structural steel installation and rebar installation on Subcontractor List Form B via email.

C. The Bidder can name itself for the performance of the work. Bidders who name themselves to perform the work are expected to perform the work and the Ecology reserves the right to reject substitution of the bidder with a subcontractor unless the bidder demonstrates a change in circumstances from the time of bid submission that is outside of the control of the bidder.

D. Substitution of a listed subcontractor (at any tier) before or after the award of the prime contract is prohibited except for the following reasons:

1. Refusal of the listed subcontractor to sign a contract with the prime contractor;

2. Bankruptcy or insolvency of the listed subcontractor;

3. Inability of the listed subcontractor to perform the requirements of the proposed contract or the project;

4. Inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract;

https://app.leg.wa.gov/RCW/default.aspx?cite=39.30.060

Page 00 21 13 - 9

5. Refusal or inability to provide a letter of bondability from a surety company; or

6. The listed subcontractor is barred from participating in the project as a result of a court order E. The Bidder shall not list more than one Subcontractor for each category of work identified UNLESS Subcontractors vary with bid alternates, in which case the Bidder must indicate which Subcontractor will be used for which alternate.

F. Ecology reserves the right not to VOID bids in cases where Form A Work and Form B Work are not part of the project, and when a Bidder failed to submit Form A and Form B within the time frames identified above.

G. The Subcontractor List Form A is intended to discourage bid shopping, not to verify subcontractor qualifications. Ecology does not use the Subcontractor List Form A as a tool to disqualify or qualify bidders.

1.12 BID RESULTS

After the Bid Opening, Bidders may obtain bid results from Ecology by calling (509) 666-9492 or by accessing the Ecology Toxics Cleanup Program (TCP) public share site, where results will be posted as a file named with the information specific to this Invitation for Bid.

A. Withdrawal for Reasons Other Than Errors: In the event a bidder requests or notifies Ecology of their intent to withdraw a bid for reasons other than an error, Ecology will call in the bid guarantee. In the event that a request does not include a reason for the withdrawal, the request will be considered a reason other than an error.

1.13 BID PROTESTS

A. Bidders may submit a bid protest to Ecology at tcphqpwcontracts@ECY.WA.GOV within two business days of the Bid Opening. Ecology will provide copies of bids received if they are requested within two business days after the Bid Opening.

1. Ecology will not acknowledge or accept any bid protest received more than two business days after the Bid Opening date.

2. Ecology will not accept bid protests from non-bidders.

B. Ecology will review any bid protest received and shall maintain sole discretion on the merits of and resolution of any bid protest.

C. Ecology will provide written notice to protesting bidders of an intent to enter a Public Works Contract with anyone other than the protesting bidder as follows:

1. Not less than 2 business days following the Bid Opening, if no bidders requests copies of bids received, or

2. Not less than 2 business days following the date on which Ecology provided copies of the bids received to those bidders requesting https://public.ecology.wa.gov/sites/TCP/SitePages/Home.aspx https://public.ecology.wa.gov/sites/TCP/SitePages/Home.aspx https://public.ecology.wa.gov/sites/TCP/SitePages/Home.aspx

Page 00 21 13 - 10 copies of bids received.

1.14 LOW RESPONSIBLE BIDDER

A. Mandatory Responsibility Criteria: Before award of a public works contract, a Bidder must meet the following mandatory responsibility criteria under RCW 39.04.350 (1) & (2) to be considered a responsible Bidder and qualified to be awarded a public works project. The Bidder must:

1. At the time of bid submittal, have a certificate of registration in compliance with RCW 18.27;

2. Have a current state unified business identifier number;

3. If applicable, have industrial insurance coverage for the Bidder’s employees working in Washington as required in RCW 51; an employment security department number as required in RCW 50; and a state excise tax registration number as required in RCW 82;

4. Not be disqualified from bidding on any public works contract under RCW

39.06.010 or 39.12.065(3);

5. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington State Apprenticeship and Training Council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under RCW 49.04 for the one-year period immediately preceding the date of the bid solicitation;

6. Public Works and Prevailing Wage Training/Exemption. Bidders shall have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. 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 this subsection. The Department of Labor & Industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its website. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption.

Labor & Industries Contractor Training, New Training Requirement for Businesses; and

7. Within the three year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction https://apps.leg.wa.gov/RCW/default.aspx?cite=39.04.350 https://apps.leg.wa.gov/RCW/default.aspx?cite=39.04.350 http://apps.leg.wa.gov/rcw/default.aspx?cite=18.27 http://apps.leg.wa.gov/rcw/default.aspx?cite=51 http://apps.leg.wa.gov/rcw/default.aspx?cite=50 http://apps.leg.wa.gov/rcw/default.aspx?cite=82 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.06.010 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.06.010 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.12.065 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.320 http://apps.leg.wa.gov/rcw/default.aspx?cite=49.04 https://app.leg.wa.gov/RCW/default.aspx?cite=39.12 https://app.leg.wa.gov/RCW/default.aspx?cite=39.12 https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/contractor-training https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/contractor-training https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/contractor-training

Page 00 21 13 - 11 to have willfully violated, as defined in RCW 49.48.082, any provision of RCW 49.46, 49.48, or 49.52. A bidder shall submit a signed Contractor Certification form with the bid or within two (2) business days of request by Ecology regarding this wage theft prevention responsible bidder criteria.

B. Supplemental Responsibility Criteria: In addition to the mandatory Bidder responsibility criteria, Ecology may adopt relevant supplemental criteria for determining Bidder responsibility applicable to a particular project that the Bidder must meet (RCW 39.04.350 (3)).

1. If applicable, Ecology shall consider an overall accounting of the attached supplemental criteria for determining Bidder responsibility found in DIVISION

00, SECTION 00 22 13 - SUPPLEMENTAL BIDDER RESPONSIBILITY

CRITERIA.

2. At least seven (7) days prior to the bid submittal deadline, a potential Bidder may request that Ecology modify the supplemental responsibility criteria.

Ecology will evaluate the information submitted by the potential Bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, Ecology will issue an addendum to the bidding documents identifying the new criteria.

3. Upon Ecology’s request, the apparent low Bidder must supply the requested responsibility information within two (2) business days of request by Ecology.

Withholding information or failure to submit all the information requested within the time provided may render the bid non-responsible.

4. If Ecology determines that the apparent low Bidder is not responsible:

(a) Ecology will notify the Bidder of its preliminary determination in writing.

(b) Within three (3) business days after receipt of the preliminary determination, the Bidder may withdraw its bid, or the Bidder may appeal the preliminary determination and present additional information to Ecology.

(c) Ecology will review the additional information within two (2) weeks of the date of the receipt of the Bidder’s request.

(d) Ecology will issue a Final Determination after reviewing the additional information.

(e) If Ecology determines a Bidder to be not responsible, Ecology will provide, in writing, the reasons for the determination. If the final determination affirms that the Bidder is not responsible, Ecology 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.

(f) Ecology’s Final Determination is specific to this project and will have no effect on other or future projects.

https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 https://app.leg.wa.gov/RCW/default.aspx?cite=49.46 https://app.leg.wa.gov/RCW/default.aspx?cite=49.46 https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 https://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 https://app.leg.wa.gov/RCW/default.aspx?cite=49.52 https://app.leg.wa.gov/rcw/default.aspx?cite=39.04.350

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1.15 BID EVALUATION AND CONTRACT AWARD

A. Ecology will evaluate bids for responsiveness and responsibility.

1. A bid will be considered responsive if it meets the following requirements:

(a) It is received at the proper time and place.

(b) It meets the stated requirements of the Bid Form, is complete, and is signed by an authorized representative of the Bidder.

(c) It is submitted by a licensed/registered contractor within the state of

Washington at the time of bid opening and is not banned from bidding by the Department of Labor and Industries.

(d) It includes signed acknowledgements of any bid addenda issued during bidding.

(e) It is accompanied by a bid guarantee, if required.

(f) It is accompanied by the contractor certification for wage theft prevention and, when required, certifications for a federally assisted project as provided in the bid proposal form.

2. A bid will be considered responsible if it meets the following requirements:

(a) It meets the mandatory responsibility criteria established in RCW

39.04.350 and an overall accounting of the supplemental responsibility criteria established for the project.

(b) The bidder completes, signs, and submits the “Contractor Certification Wage Theft Prevention – Responsible Bidder Criteria” form with their bid or within two (2) business days of request by Ecology

B. Ecology reserves the right to accept or reject any or all bid proposals and to waive as informality any minor irregularities of any bid received.

C. If inconsistencies or errors are noted in the bid proposal prices, prices shown in words shall have precedence over prices shown in figures. The unit and lump sum prices shall have precedence over their total amounts; and the total amounts shall have precedence over the total bid.

D. Ecology may negotiate bid price adjustments with the low responsive Bidder, including changes in the contract documents, to bring the bid within the available funding per RCW 39.04.015.

E. The apparent low Bidder, for purpose of award, shall be the responsive and responsible Bidder offering the low aggregate amount for the base bid plus selected additive or deductive bid alternates, and meeting all other bid submittal requirements.

F. Reciprocal Preference for Resident Contractors. For a public works bid received from a nonresident contractor from a state that provides an in- state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) http://app.leg.wa.gov/RCW/default.aspx?cite=39.04.350 http://app.leg.wa.gov/RCW/default.aspx?cite=39.04.350 https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.015 https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.015

Page 00 21 13 - 13 will be applied to the bid of that nonresident contractor. The CPD is the in-state contractor percent advantage provided by the contractor’s home state.

For the purpose of determining the successful Bidder, multiply the Nonresident Contractor bid amount by the CPD. The “bid amount” shall be the total of the base bid and all accepted alternate bid items. The CPD shall be added to the Nonresident Contractor bid amount which equates to the Nonresident Disadvantage Total. The Nonresident Disadvantage Total shall be compared to the Washington contractor bid amounts. The Bidder with the lowest total shall be the successful Bidder. See example below.

EXAMPLE:

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

Alaska…