IFB-East-Bluffs-Project-Manual.pdf

PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY

CONTRACT DOCUMENTS

EAST BLUFF WATER INFRASTRUCTURE UPGRADES

BID DUE BY: OCTOBER 1, 2026 @ 2:30 p.m. PST

BID OPENING: OCTOBER 1, 2026

@ 3:00 p.m. PST

Issued for Bid

SEPTEMBER 2026

THIS PAGE INTENTIONALLY LEFT BLANK

CERTIFICATE PAGE

Public Utility District No. 1 of Clallam County

EAST BLUFF WATER INFRASTRUCTURE UPGRADES

The engineering material and data contained in the Plans and Specifications were prepared under the supervision and direction of the undersigned, whose seal as a registered professional engineer is affixed below.

Peter Joseph Larson, PE Public Utility District #1 of Clallam County

09/09/2026

PUD No. 1 of Clallam County East Bluff Water Infrastructure Upgrades Table of Contents Issued for Bid v

TABLE OF CONTENTS

PART A - LEGAL AND PROCEDURAL DOCUMENTS

SECTION A 1 INVITATION TO BID

SECTION A 2 PROPOSAL

SECTION A 3 AGREEMENT

SECTION A 4 PAYMENT BOND

SECTION A 5 PERFORMANCE BOND

PART B - INSTRUCTIONS, CONDITIONS AND REQUIREMENTS

SECTION B 1 INSTRUCTIONS TO BIDDERS

SECTION B 2 GENERAL CONDITIONS

SECTION B 3 SUPPLEMENTARY CONDITIONS

PART C - TECHNICAL SPECIFICATIONS

SECTION C 1 GENERAL PROVISIONS

SECTION C 2 DESCRIPTION OF WORK ITEMS

SECTION C 3 EASEMENTS AND TEMPORARY CONSTRUCTION PERMITS

PART D – DRAWINGS

PART E – PREVAILING WAGE RATES TABLE

PART F – AGENCY PERMITS

PART G – ADDENDA

PART H – CHANGE ORDERS

PART I – INADVERTENT DISCOVERY PLAN

PART J – LABOR & INDUSTRIES AU PLAN FORM

PART K – REQUEST AU ADJUSTMENT FORM

PART L – PUD NO. 1 OF CLALLAM COUNTY GENERAL SPECIFCIATIONS

FORWATER DISTRIBUTION MAINS

PART M – CRITICAL AREA, SHORELINE PERMITTING, AND SEPA EXEMPTION

CORRESPONDENCE WITH CLALLAM COUNTY DCD(END OF SECTION)

PART A

LEGAL AND PROCEDURAL DOCUMENTS

East Bluff Water Infrastructure Upgrades

Section A 1 – Invitation to Bid Issued for Bid 1

SECTION A 1

INVITATION TO BID

Section A 1 – Invitation to Bid Issued for Bid 2

BID NUMBER 260806 For Publication on September 10, 2026

BIDS FOR: PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY

General Contractors are invited to submit a single bid for:

EAST BLUFF WATER INFRASTRUCTURE UPGRADES

The EAST BLUFF WATER INFRASTRUCTURE UPGRADES project in Port Angeles, WA involves replacing water mains in the northeastern portion of the Bluff Neighborhood in unincorporated Clallam County on East Bluff Drive, Stuart Drive, and Montrose Place.

Principal items of Work included in the East Bluff Water Infrastructure Upgrades project include approximately 4,700 LF of water main replaced with 4”, 6” & 8” welded HDPE pipe, replacing approximately 68 water service connections, replacing and adding new water main valves, adding 5 fire hydrants, replacing blow-ff assemblies, adding an air-vac assembly, connecting to the existing water distribution system, decommissioning AC water mains, and restoring surfaces. See project plans and specifications for complete details.

The Contractor must be licensed, bonded, and insured to conduct business in the State of Washington. All work performed on this project will be subject to state prevailing wage rates as outlined in Section B 3, Supplementary Conditions, Paragraph 6. Public Utility District No. 1 of Clallam County (the District) is an Equal Opportunity and Affirmative Action Employer. The District retains the right to reject any and all bids.

The awarded Contractor must ensure 15% of the total Contract Labor Hours used on the Project are performed by apprentices registered in a state-approved training program. Bidders may contact the Washington State Department of Labor & Industries (L&I), Apprenticeship Section, to obtain information on available apprenticeship programs.

Sealed bids will be received by the Public Utility District No. 1 of Clallam County at its Main office at 104 Hooker Road, Sequim, WA 98382 until 2:30 p.m. Pacific Time, on October 1, 2026. Bids may be submitted by mail to Public Utility District No. 1 of Clallam County, Attn: Contracts Coordinator, 100 Hooker Road Sequim, WA 98382. If mailed, the bid must be in a sealed bid envelope with the name and address of the Bidder and bid number on the sealed envelope and then should be placed inside the delivery envelope to be mailed. Proposals must be filled out in ink or typewritten. No alterations or interlineations will be permitted, unless made before submission, initialed, and dated. At 3:00 p.m. Pacific Time of bid due date a public bid opening will take place in the Lake Crescent Boardroom at the District’s Main office.

There will be a voluntary Pre-Bid Conference for this project. The Pre-bid Conference will be held on September 16, 2026, at 11:00 a.m. PST, at the District’s Main office, 104 Hooker Road, Sequim, WA 983822. Site visit to follow if requested. For more information on the pre-bid meeting, please contact Peter Larson, Water and Wastewater Systems Civil Engineer, by phone at 360-565-3504, or by email at plarson@clallampud.net. Last day for questions is September 22, 2026, 2 p.m. PST.

Free-of-charge access to project Bid Documents (plans, specifications, addenda) is provided by going to the District website https://www.clallampud.net/about-us/rfps-bids/. The District website does not automatically register viewers to the planholder’s list, bidders should contact Contracts Coordinator by email at contracts@clallampud.net to be added to the planholder’s list. Bidders that do not register will not be automatically notified of addenda and will need to periodically check the District website for addenda(s) issued on this project.

East Bluff Water Infrastructure Upgrades Section A 2 – Proposal

SECTION A 2

PROPOSAL

TO: PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY

herein called Owner:

FROM: Proposal of ______________________________________ herein called Bidder:

1. GENERAL

The undersigned BIDDER, having investigated the site and locality where the Work is to be performed, the legal requirements (federal, state, and local laws; ordinances; rules and regulations) and the conditions affecting cost, progress or performance of the Work, and being familiar with the contract documents, hereby proposes and agrees, if this bid is accepted, to enter into an agreement with Owner in the form included in the contract documents to complete all Work as specified or indicated in the contract documents and within the contract time indicated in this bid and in accordance with the contract documents for an amount computed upon the basis of the quantity of Work actually performed at the following prices:

Note: Bid amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.

BID SCHEDULE A – East Bluff Water Infrastructure Upgrades

Item No.

Estimated Quantity

Description of Item

Unit Price

Amount

Work by Sub-

Contractor

A1 Lump Sum Mobilization

(Price in Words) Per Lump Sum

A2 Lump Sum Spill Prevention, Control, and Countermeasure (SPCC) Plan

(Price in Words) Per Lump Sum

A3 Lump Sum Storm Water Pollution Prevention Plan (SWPP) Plan

A4 Lump Sum Temporary Erosion & Sedimentation Control (TESC) Facilities

A5 Lump Sum Trench Safety Systems

Sub-

Contractor

A6 Lump Sum Project Temporary Traffic Control

(Price in Words) Per Lump Sum

A7 Lump Sum Construction Surveying and Staking

(Price in Words) Per Lump Sum

A8 15 Potholing for Utilities Not Shown on Contract Plans (As Required)

(Price in Words) Per Each

A9 50 Removal and Replacement of Unsuitable Materials (As Required)

(Price in Words) Per Cubic Yard

A10 22 Controlled Density Fill for Backfill (As Required)

A11 12 Controlled Density Fill for AC Pipe Abandonment

A12 1,380 Crushed Surfacing Top Course

(CSTC)

(Price in Words) Per Ton

A13 2,450 Crushed Surfacing Base Course

(CSBC)

A14 65 Foundation Material Class A and B (As Required)

A15 320 Asphalt Concrete Trench Patch

Issued for Bid 3

Item No. Estimated

Sub-

Contractor

A16 380 4-Inch HDPE DR 11 Water Main

(Price in Words) Per Lineal Foot

A17 1,980 6-Inch HDPE DR 11 Water Main

(Price in Words) Per Lineal Foot

A18 2,270 8-Inch HDPE DR 11 Water Main

(Price in Words) Per Lineal Foot

A19 1 4-Inch Gate Valve and Valve Box

(Price in Words) Per Each

A20 10 6-Inch Gate Valve and Valve Box

(Price in Words) Per Each

A21 6 8-Inch Gate Valve and Valve Box

(Price in Words) Per Each

A22 14 3/4-Inch Water Service (Near Side)

(Price in Words) Per Each

A23 18 3/4-Inch Water Service (Far Side)

(Price in Words) Per Each

A24 6 3/4-Inch Dual Water Service (Near Side)

A25 12 3/4-Inch Dual Water Service (Far Side)

(Price in Words) Per Each

A26 7 Relocate Customer Side Meter Connection

A27 5 Fire Hydrant Assembly

Issued for Bid 4

Sub-

Contractor

A28 1 Combination Air Vac Assembly – 2”

(Price in Words) Per Each

A29 2 Blow off Assembly

(Price in Words) Per Each

A30 7 Connection to Existing Water System

(Price in Words) Per Each

A31 15 Remove and Dispose of AC Water Main (As Required)

(Price in Words) Per Lineal Foot

A32 28 Cement Concrete Driveway Repair

(Price in Words) Per Square Yard

A33 Lump Sum Surface Restoration and Cleanup

(Price in Words) Per Lump Sum

A34 70,000 Force Account

$Seventy Thousand Dollars and No Cents (Price in Words) Per Force

Account

$ 1.00

$ 70,000.00

A35 Lump Sum/ Allowance

Minor Changes

75,000

$Seventy-Five Thousand Dollars and

No Cents

(Price in Words) Per Lump Sum/

Allowance

$ 1.00

$ 75,000.00

A36 Lump Sum Record Drawings

Issued for Bid 5

Item No.

Estimated Quantity

Description of Item Unit Price Amount Work by

Sub- Contractor

A37 16 Archeological Work Standby

(Price in Words) Per Hour $ $ ☐

A38 Lump Sum Apprenticeship Utilization Incentive

$Two Thousand Dollars and No Cents

(Price in Words) Per Lump Sum

$ 2,000.00 $ 2,000.00 ☐

A39 Lump Sum Apprenticeship Utilization Penalty

$Two Thousand Dollars and No Cents

(Price in Words) Per Lump Sum

A40 Lump Sum Archeological Work Standby

(Price in Words) Per Lump Sum

BID SCHEDULE A SUBTOTAL: $

SALES TAX (8.6%): $

BID SCHEDULE A TOTAL: $

2. BID ITEM

The Bid items are stated only for the purpose of comparing Bids and fixing the amount of surety bonds. The parties hereto should refer to Articles 11.01, 11.02, and 11.03 of the General Conditions, Section B 2 of this Contract, relating to unit price work and possible price changes, in the event of increased or decreased quantities.

3. COMPLETION TIME

BIDDER proposes and agrees, if awarded the Contract, to complete all requirements of the Work required to reach substantial completion within:

• One hundred and fifty (150) consecutive calendar days after the Notice to Proceed, and as specified. If work needs to be stopped in the event cultural resources are encountered, then the completion time will be extended by the number of archaeological standby days.

The successful Bidder will be notified by the Owner or Engineer on the date of Notice to Proceed within 60 days of the Notice of Award..

For purposes of this Contract, substantial completion will be defined as: all water mains and appurtenances installed, tested, and placed into service.

BIDDER accepts the provisions of the agreement as to liquidated damages in the event of failure to complete the Work on time.

Issued for Bid 6

4. BIDDER’S ACCEPTANCE OF TERMS AND CONDITIONS

Bidder accepts all of the terms and conditions of the Instructions to Bidders, Section B 1 of the Contract, including without limitation those dealing with the disposition of bid security. This bid will remain open for 60 days after the day of bid opening. Bidder will sign the agreement and submit the Performance and Payment Bond, insurance, and other documents required by the contract documents within the time limits set in Owner’s Notice of Award.

5. APPRENTICE UTILIZATION REQUIREMENTS

The minimum apprentice labor hours required for this Project are 15% of the total labor hours, unless Good Faith Efforts are accepted. The undersigned agrees to utilize this level of apprentice participation. Apprentice utilization will be determined using the Department of Labor and Industries (L&I) online Prevailing Wage Intent & Affidavit (PWIA) system. A monetary incentive of $2,000 will be paid to the contractor meeting the apprentice utilization requirement, without a reduction by Good Faith Efforts. A monetary penalty will be applied to the contractor failing to meet the utilization requirement, unless a Good Faith Effort is approved by the District. The penalty will be a lump sum of $2,000.

6. ADDENDA

Bidder has examined copies of all the contract documents and acknowledges receipt of the following addenda:

Addendum No. Date of Receipt and Acknowledgment

1.

2.

3.

4.

5.

7. ATTACHED BID SECURITY

The following documents are attached to and made a condition of the bid:

Required bid security in the form of

Name of Bidder:

Signature of Authorized Representative:

Name (Print):

Title:

Date:

Address of Bidder:

Telephone No.:

Issued for Bid 7

8. SUBCONTRACTORS LIST (IF REQUIRED BY RCW 39.30.060)

Any and all subcontractors to be employed on the Project must be listed below. The

Contractor understands that any subcontractor not listed in this Proposal will be denied access to the Project and no work started unless such change or substitution has been approved in advance in writing by the District (or representative).

Name UBI Address Type of Work

9. INFORMATION ON BIDDER

Each Contractor bidding on Work included in these Contract Documents shall prepare and submit with the Bid Proposal the data requested in the following schedule of information including the Mandatory Bidder Responsibility Checklist and Subcontractor Responsibility Checklist located at the end of Part B, Section B-1 of the Specifications and referenced in Item 13, Paragraphs A and C of Section B-1. Also, the apparent low bidder and second lowest bidder shall be aware of the bid proposal requirement in Item 13, Paragraph B.

A. Name and License Number of Bidder:

B. Years in business under current firm name?

C. Contracts now in hand. Gross Amount $

D. General character of work performed by your company

E. List major equipment to be used on this Project and whether it is owned, rented or leased.

F. Bank References (Include Branch)

G. List all bonding companies used in the last three years.

Issued for Bid 8

H. Name of insurance company (Include Phone Number, Policy Number and Agent’s Name)

I. Have you reviewed the insurance requirements as stated in Section B 2 and B 3?

J. Can you meet the insurance requirements as stated in Section B 2 and B 3?

K. What is your current insurance company’s best rating?

L. List any claims or suits now pending for which you are either claimant or defendant.

M. A list of at least three similar Projects (for definition of similar Projects, see Supplemental Bidder’s Criteria in Section B1 – Instructions to Bidders) successfully completed by Bidder in last 3 years, which shall include a job description, the name, address, phone number, and contact person of the Owner and the Consultant, the approximate completion date, and the awarded and final contract amounts of each project.

N. The name(s) of the Contractor’s proposed superintendent(s) who will be in direct charge of the Project for the full duration of the Contract.

10. NON-COLLUSION DECLARATION

The attached Non-Collusion Form included in these Contract Provisions must be returned with the bid proposal.

11. CONTRACTOR CERTIFIED STATEMENT

The attached Contractor Certified Statement in these Contract Provisions must be returned with the bid.

Issued for Bid 9

NON-COLLUSION AFFIDAVIT

STATE OF WASHINGTON )

) ss.

COUNTY OF )

, The undersigned, being duly sworn, on his oath says that the bid submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure an advantage over any other bidder or bidders.

Firm Name Authorized Signature

SUBSCRIBED and SWORN to before me this day of , 20 .

Printed Name of Notary Public Signature of Notary Public

NOTARY PUBLIC in and for the State of Washington, residing at

My commission expires:

Issued for Bid 10

CONTRACTOR CERTIFIED STATEMENT

Contract No. 260806

Contractor certifies to the best of its knowledge and belief that it and its principals:

Within the five (5) year period immediately preceding the bid solicitation date, September 10, 2026 is not a “willful” violator, as defined in RCW 49.48.082, of any provision of Chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.

Have not been a party as a plaintiff or defendant in any lawsuits in Washington State Superior or District court in the Puget Sound region (defined as Clallam, King, Kitsap, Pierce, Snohomish, and Thurston Counties) or federal district court for Western Washington in the last five (5) years involving performance or payment issues relating to a public works contract which were resolved adversely to the Bidder through judgment or settlement.

Have not been convicted of a crime involving bidding on public works contract during the five (5) year period immediately preceding the bid solicitation date, September 10, 2026.

Have not been assessed liquidated damages related to the performance of a public works contract by a government agency during the five (5) year period immediately preceding the bid solicitation date, September 10, 2026.

Have not had any public works contract terminated for cause or default by a government agency during the five (5) year period immediately preceding the bid solicitation date, September 10, 2026.

I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Business Name

Signature of Authorized Official*

Printed Name

Title

Date City State or country

Check One:

Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐

Issued for Bid 11

TIN (Tax Identification Number):

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

WA UBI (Unified Business Identifier):

* If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.

(END OF SECTION)

East Bluff Water Infrastructure Upgrades Section A 3 - Agreement

SECTION A 3

AGREEMENT

THIS AGREEMENT made the day of , 202_, by and between PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, hereinafter called Owner, and , hereinafter called Contractor.

WITNESSETH:

WHEREAS, the Owner has caused Specifications, Drawings and other contract documents to be prepared for certain Work as described therein, known as East Bluff Water Infrastructure Upgrades; and

WHEREAS, the Contractor has offered to perform the proposed Work in accordance with the terms of the Contract.

NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the Contractor hereby agrees to complete the Work at the price and on the terms and conditions herein contained, and the Owner agrees to pay the Contractor the contract price provided herein for the fulfillment of the Work and the performance of the covenants set forth herein.

The further terms, conditions and covenants of the Contract are set forth in the following documents, all of which are component parts of said Contract and as fully a part hereof as if herein set out in full, and if not attached, as if hereto attached:

Part A Legal and Procedural Documents Part B Instructions, Conditions and Requirements Part C Technical Specifications Part D Drawings Part E Prevailing Wage Rate Table Part F Agency Permits Part G Addenda Part H Change Orders Part I Inadvertent Discovery Plan Part J Labor & Industries AU PlanForm Part K Request AU Adjustment Form Part L PUD No. 1 of Clallam County General

Specifications for Water Distribution Mains Part M Critical Area, Shoreline Permitting, and

SEPA Exemption Correspondence with Clallam County DCD

Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in the Proposal, Section A 2 of this Contract, plus any extensions thereof allowed in accordance with Article 11 of Section B 2, General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as LIQUIDATED DAMAGES for delay (but not as a penalty) Contractor shall pay Owner one thousand dollars ($1,000.00) for each calendar day that expires

East Bluff Water Infrastructure Upgrades Section A 3 - Agreement after the time specified in the Proposal for completion until the Work is substantially complete, and/or two hundred fifty dollars ($250.00) for each calendar day until the Work is physically completed and ready for final acceptance by the Owner. If more than one contract, schedule or phase of Work exceeds the time limit, liquidated damages shall apply to each and shall be additive.

IN WITNESS WHEREOF, this Agreement has been executed in quintuplicate, on the day and year above written.

PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY (SEAL)

OWNER

By:

Its:

(SEAL)

CONTRACTOR

Its:

Title:

East Bluff Water Infrastructure Upgrades Section A 4 –Payment Bond

SECTION A 4

PAYMENT BOND

KNOW ALL PEOPLE BY THESE PRESENTS:

That we, , the Contractor, herein referred to as PRINCIPAL, and , as SURETY, are held and firmly bound unto the PUD NO. 1 OF CLALLAM COUNTY in the full sum of ($ ), Lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS of this obligation are such that, whereas, the Principal has entered into an agreement in writing with the Owner, dated , 202_ for the construction of the EAST BLUFF WATER INFRASTRUCTURE UPGRADES, according to the terms, conditions and covenants specified in the agreement including all of the contract documents therein referred to, which are hereby referred to and made a part hereof as fully and completely as though set forth in detail herein, and

WHEREAS, it is understood and made a part of the consideration for this obligation that the Owner shall have the right to sue on this bond in its own name to recover for any loss, injury, damage or liability whatsoever sustained or incurred by it by reason of any breach of the contract documents, or of any provision in this bond, in the same manner and to the same extent as though this obligation ran directly to the Owner.

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform all of the provisions and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract during the period of the original contract and any extensions thereof that may be granted by the Owner, with or without notice to the surety; and during the life of any guaranty required under the contract; and shall also well and truly perform and fulfill all of the undertakings, covenants, terms and conditions and agreements of any and all duly authorized modifications of said Contract that may hereinafter be made; notice of which modifications to the surety being hereby waived; and furthermore shall pay all laborers, mechanics, and subcontractors and material men, and all persons who shall supply such person or persons and such Principal or subcontractors with provisions and supplies for the carrying on of such Work, shall indemnify and save harmless Owner from all cost and damage by reason of the Principal's default or failure to do so, and shall pay the State of Washington sales and use taxes, and amounts due said State pursuant to Titles 50 and 51 of the RCW; and shall further indemnify the workmanship or materials entering into any part of the Work as defined in the agreement that shall develop or be discovered within 1 year after the final acceptance of such Work, then this obligation shall be null and void, otherwise to remain in full force and effect; provided, that the provisions of this bond shall not apply to any money loaned or advanced to the Principal or any subcontractor or other person in the performance of any such Work.

IT IS FURTHER DECLARED AND AGREED that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law, rule of equity or usage relating to the liability of sureties to the contrary notwithstanding.

Sealed and dated this day of , 202_.

East Bluff Water Infrastructure Upgrades Section A 4 –Payment Bond

Principal

By:

Print

Signature:

Title:

Surety

Print

Signature:

Address:

East Bluff Water Infrastructure Upgrades Section A 5 –Performance Bond

SECTION A 5

PERFORMANCE BOND

KNOW ALL PEOPLE BY THESE PRESENTS:

That we, , the Contractor, herein referred to as PRINCIPAL, and , as SURETY, are held and firmly bound unto the PUD NO. 1 OF CLALLAM COUNTY in the full sum of ($ ), Lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS of this obligation are such that, whereas, the Principal has entered into an agreement in writing with the Owner, dated , 202_ for the construction of the EAST BLUFF WATER INFRASTRUCTURE UPGRADES, according to the terms, conditions and covenants specified in the agreement including all of the contract documents therein referred to, which are hereby referred to and made a part hereof as fully and completely as though set forth in detail herein, and

WHEREAS, it is understood and made a part of the consideration for this obligation that the Owner shall have the right to sue on this bond in its own name to recover for any loss, injury, damage or liability whatsoever sustained or incurred by it by reason of any breach of the contract documents, or of any provision in this bond, in the same manner and to the same extent as though this obligation ran directly to the Owner.

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform all of the provisions and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract during the period of the original contract and any extensions thereof that may be granted by the Owner, with or without notice to the surety; and during the life of any guaranty required under the contract; and shall also well and truly perform and fulfill all of the undertakings, covenants, terms and conditions and agreements of any and all duly authorized modifications of said Contract that may hereinafter be made; notice of which modifications to the surety being hereby waived; and furthermore shall pay all laborers, mechanics, and subcontractors and material men, and all persons who shall supply such person or persons and such Principal or subcontractors with provisions and supplies for the carrying on of such Work, shall indemnify and save harmless Owner from all cost and damage by reason of the Principal's default or failure to do so, and shall pay the State of Washington sales and use taxes, and amounts due said State pursuant to Titles 50 and 51 of the RCW; and shall further indemnify the workmanship or materials entering into any part of the Work as defined in the agreement that shall develop or be discovered within 1 year after the final acceptance of such Work, then this obligation shall be null and void, otherwise to remain in full force and effect; provided, that the provisions of this bond shall not apply to any money loaned or advanced to the Principal or any subcontractor or other person in the performance of any such Work.

IT IS FURTHER DECLARED AND AGREED that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, any law, rule of equity or usage relating to the liability of sureties to the contrary notwithstanding.

Sealed and dated this day of , 202_.

East Bluff Water Infrastructure Upgrades Section A 5 –Performance Bond

Principal

By: Print

Signature:

Title:

Surety

By: Print

Signature:

Address:

East Bluff Water Infrastructure Upgrades Section B – Instructions, Conditions & Requirements Issued for Bid 1

PART B

INSTRUCTIONS, CONDITIONS AND REQUIREMENTS

East Bluff Water Infrastructure Upgrades Section B 1 – Instructions to Bidders

SECTION B 1

INSTRUCTIONS TO BIDDERS

1. PUBLIC OPENING OF BIDS

Sealed bids shall be opened and read aloud at the time and place indicated in the Advertisement for Bids unless Owner has, for good cause, continued the date of opening bids to another day or has canceled the Advertisement to Bid. Bidders, their authorized agents, and other interested parties are invited to be present.

2. NON-COLLUSION AFFIDAVIT

The Contractor shall submit a properly executed non-collusion affidavit on the form located in the Proposal.

3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

Before submitting a Bid, each Bidder shall: (a) examine the Contract Documents thoroughly;

(b) visit the site to familiarize the Bidder with local conditions that may in any manner affect cost, progress or performance of the Work; (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents.

Should a Bidder find what is believed to be discrepancies in or omissions from the Drawings or Specifications, or should the Bidder be in doubt as to their meaning, Bidder may submit to Peter Larson at (360)565-3504, plarson@clallampud.net, a written request for an interpretation thereof. The Bidder submitting the request will be responsible for its prompt delivery. Any interpretation of the documents, if made, will be made only by addendum, which shall be issued to all potential bidders on record as plan holders with the Municipal Research and Services Center (MRSC) Rosters. All requests for interpretations must be in writing and received by the District no later than September 22, 2026 at 2:00 p.m.

4. BID SECURITY

Bid security shall be made payable to the Public Utility District No. 1 of Clallam County (PUD), in the form of a certified check, cashier's check, postal money order, or a Bid Bond issued by a Surety in the amount of 5 percent of the Bid.

5. CONTRACT TIME

The number of calendar days within which, or the date by which, the Work is to be significantly complete (the Contract Time) is set forth in the Proposal and shall be included in the Contract.

6. LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Agreement, Section A 3 of the Contract.

7. SUBSTITUTE MATERIAL AND EQUIPMENT

The Contract, if awarded, shall be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever the Drawings or Specifications indicate that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in Article 6.05 of the General Conditions, Section B 2, which may be supplemented in the Supplementary Conditions.

8. PROPOSAL

The Proposal is attached hereto; Proposals shall be completed in ink, handwritten or electronically filled in. The Bid price of each item on the form shall be stated in words and numerals; in case of a conflict, words shall take precedence.

9. SALES TAX

Contractor shall make sales tax payments to the state as provided by statute and any other taxes, as called for in Article 7-10 of the General Conditions, Section B 2.

10. SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Advertisement for Bids and shall be included in a sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents, as outlined below. If the Bid is sent through the mail or other delivery system, the sealed envelope shouldbe enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof.

The following documents shall be included with the Contractor’s bid proposal:

• Bid Security (Section A 2).

• Information on Bidder (Section A 2).

• Non-Collusion Form (Section A 2).

• Contractor Certified Statement (Section A 2).

• Mandatory Bidder Responsibility Checklist (Section B 1).

The following documents shall be submitted to the Owner within 48 business hours (PUD is closed on Fridays) of the bid submittal deadline by the apparent low bidder and the second low bidder:

• Supplemental Bidder Responsibility documentation (Section B 1).

• Subcontractor Responsibility Checklist (Section B 1).

11. MODIFICATION AND WITHDRAWAL OF BIDS

Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

12. BIDS TO REMAIN OPEN

All Bids shall remain open for 60 days after the day of the Bid opening, but Owner may, in Owner’s sole discretion, release any Bid and return the Bid Security prior to that date.

13. AWARD OF CONTRACT

To be considered a responsive Bid, the Bid must include all Bid items in the Contract. The Contract, if awarded, will be awarded to the lowest responsive responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project.

Owner reserves the right to reject any and all Bids, to waive any and all informalities and to disregard all nonconforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms.

Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of the material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted and provided in the Proposal (Section A 2). Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner.

Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time.

A. Mandatory Bidder Responsibility Criteria: Pursuant to Revised Code of Washington (RCW) 57.08.050, it is the intent of the Owner to award a contract to the lowest responsive responsible bidder. Pursuant to RCW 39.04.350, before award, the Bidder must meet the following Bidder Responsibility Criteria to be considered a responsible Bidder. The Bidder shall be required by the Owner to submit documentation demonstrating compliance with the criteria. The Bidder must:

1. Have a certificate of registration in compliance with chapter 18.27 RCW, a plumbing contractor license in compliance with chapter 18.106 RCW, an elevator contractor license in compliance with chapter 70.87 RCW, or an electrical contractor license in compliance with chapter 19.28 RCW, as required under the provisions of those chapters, which must have been in effect at the time of bid submittal;

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

Issued for Bid 4

3. If applicable, have:

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

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

c. A Washington Department of Revenue state excise tax registration number, as required in RCW Title 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 Chapter 49.04 for the one-year period immediately preceding the date of the Bid solicitation.

6. 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 and 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;

7. Within the three-year period immediately preceding the date of the bid date, not have been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW Chapters 49.46, 49.48 or 49.52.

8. Have at time of bid submittal, not be subject to a revocation of a minor work permit under RCW 49.12.390(4).

Documentation: Bidder shall complete the “Mandatory Bidder Responsibility Checklist” at the end of this section and submit the Checklist as part of Bidder’s bid.

B. Supplemental Bidder Responsibility Criteria: In addition to the mandatory Bidder Responsibility Criteria referenced above, the Bidder must also meet the following relevant supplemental Bidder Responsibility Criteria applicable to the Project and, as evidence that the Bidder meets the supplemental Bidder Responsibility Criteria, the apparent and second low bidders must submit the required documentation to the Owner within forty-eight (48) hours of the bid submittal deadline. The Owner reserves the right

Issued for Bid 5 to waive this requirement if the low bidder is known to the Owner as qualified to perform the work and to request such documentation from other bidders:

1. Business Status:

a. Criterion: The apparent and second low bidders shall not be “inactive” or “not in good standing” with the Washington State Secretary of State’s Office, the Department of Revenue or the Department of Labor & Industries.

b. Documentation: The apparent and second low bidders shall provide documented information from the Washington State Secretary of State’s Office, the Department of Revenue or the Department of Labor & Industries providing the date of incorporation or formation, the state of standing in the State of Washington, State of Washington tax reporting number, and the name and address of the registered agent, general partner or managing member.

2. Completion of Similar Projects:

a. Criterion: The Bidder shall have at least four (4) years minimum experience performing public works capital projects and shall have within the last five (5) years successfully completed at least three (3) water main projects of similar size and scope as required by the contract documents for this project. In evaluating whether the projects were “successfully completed,” the Owner may check owner references for the previous projects and may evaluate the Owner’s assessment of the Bidder performance, including but not limited to the following areas:

o Quality control;

o Safety record;

o Timeliness of performance;

o Use of skilled personnel;

o Certification of HDPE welding training in accordance with ASTM F2620 and F3190;

o Management of subcontractors;

o Availability of and use of appropriate equipment;

o Compliance with contract documents;

o Management of submittals process, change orders, and close-out.

b. Documentation: The apparent and second low bidders shall submit a list of water main projects of similar size and scope to this project as described in the invitation to Bid completed within the last five (5) years. For the purposes of meeting this criterion, the Owner has determined that “similar size and scope to this project” means projects that have all of the following characteristics:

o Required the installation of at least 1,000 linear feet of 6-inch or larger diameter HDPE DR 11 water main for distribution or transmission of potable water;

o Required the successful connection of new mains to existing mains of differing or similar pipe material;

Issued for Bid 6 o Required the successful and timely completion of pressure and purity testing of mains;

o Required asphalt trench patch greater than or equal to 1,000 linear feet within the public right-of-way;

o Required traffic control along an arterial at least 1,000 linear feet in length.

The information about each project shall include the following:

o Owner’s name and contact information for the Owner’s representative;

o Awarded contract amount;

o Final contract amount;

o A description of the scope of the project and how the project is similar to this project;

o The Bidder’s assessment of its performance of each project, including but not limited to the following:

Quality control;

Safety record;

Timeliness of performance;

Use of skilled personnel;

Management of subcontractors;

Availability of and use of appropriate equipment;

Compliance with contract documents;

Management of submittals process and change orders.

3. Claims Against Retainage Bonds:

a. Criterion: The Bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects during the previous five (5) years that demonstrate a lack of effective management by the Bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the Owner.

b. Documentation: The apparent and second low bidders shall submit a list of the public works projects completed within the previous five (5) years and include for each project the following information:

o The Owner and contact information for the Owner;

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

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

The Owner may contact previous owners to validate the information provided by the Bidder.

Issued for Bid 7

4. Termination for Cause:

a. Criterion: The Bidder shall not have had any public works contract terminated for cause by a government agency during the five-year period immediately preceding the bid submittal deadline for this project, unless there are extenuating circumstances acceptable to the Owner.

5. Documentation: The Bidder shall complete, sign, and submit the attached Supplemental Bidder Responsibility Checklist.

6. Liquidated Damages:

a. Criterion: The Bidder shall not have been assessed liquidated damages related to the performance of a public works contract by a government agency during the five (5) year period immediately preceding the bid submittal deadline for this project, unless there are extenuating circumstances acceptable to the Owner.

b. Documentation: The Bidder shall complete, sign, and submit the attached Supplemental Bidder Responsibility Checklist.

7. Litigation:

a. Criterion: The Bidder shall not have been a party as a plaintiff or defendant in any lawsuits in Washington State superior or district court in the Puget Sound region (defined as Clallam, King, Kitsap, Pierce, Snohomish and Jefferson Counties) or federal district court for Western Washington in the last five (5) years involving performance or payment issues relating to a public works contract which were resolved adversely to the Bidder through judgment or settlement, unless there are extenuating circumstances acceptable to the Owner.

b. Documentation: The Bidder shall complete, sign, and submit the attached Supplemental Bidder Responsibility Checklist.

8. Delinquent State Taxes:

a. Criterion: The Bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue.

b. Documentation: The Bidder shall not be listed on the Washington State Department of Revenue’s “Delinquent Taxpayer List”.

9. Public Bidding Crimes:

a. Criterion: The Bidder shall not have been convicted of a crime involving bidding on a public works contract within five (5) years from the bid submittal deadline.

b. Documentation: The Bidder shall complete, sign, and submit the attached Supplemental Bidder Responsibility Checklist.

Issued for Bid 8

10. Verification of Subcontractor Responsibility:

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

b. Documentation: The Bidder shall submit a copy of its standard subcontract form for review by the Owner, and a written description of its procedure for validating the responsibility of subcontractors with which it contracts.

C. Subcontractor Responsibility:

1. The successful Bidder shall include the language of this section in each of its first-tier subcontracts and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the successful Bidder shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier.

2. At the time of subcontract execution, the successful Bidder shall verify that each of its first-tier subcontractors meets the following bidder responsibility criteria:

a. Have a current certificate of registration as a contractor in compliance with RCW Chapter 18.27, which must have been in effect at the time of bid submittal; a plumbing contractor license in compliance with RCW Chapter 18.106, an elevator contractor license in compliance with RCW Chapter 70.87, or an electrical contractor license in compliance with RCW Chapter 19.28, as required under the provisions of those chapters

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

c. If applicable, have:

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

o A Washington State Employment Security Department number, as required in RCW Title 50;

o A Washington State Department of Revenue state excise tax registration number, as required in RCW Title 8

d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)

e. 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

Issued for Bid 9 standards of apprenticeship under RCW Chapter 49.04 for the 1-year period immediately preceding the date of the Bid solicitation.

f. Within the 3-year period immediately preceding the date of the bid date, not have been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW Chapters 49.46, 49.48 or 49.52.

g. Have at time of bid submittal, received training or have been deemed exempt by the Department of Labor and Industries on the requirements related to public works and prevailing wages under this Chapter and RCW Chapter 39.12. The bidder must designate a person or persons to be trained on these requirements.