Department of Natural Resources and Parks Wastewater Treatment Division

South Treatment Plant (STP) Dissolved Air Flotation Thickener (DAFT) Tanks

Rehabilitation Project

Contract KC001675

Volume 1 of 5

Bidding Requirements and Forms General Terms and Conditions

June 2026

TABLE OF CONTENTS

SOUTH TREATMENT PLANT (STP) DISSOLVED AIR FLOTATION THICKENER (DAFT)

TANKS REHABILITATION PROJECT

Rev. 8/8/2024 00 01 10 - 1 Table of Contents

VOLUME 1

DIVISION 00 - BIDDING REQUIREMENTS, FORMS AND TERMS AND CONDITIONS

00 01 10 TABLE OF CONTENTS

00 10 00 INVITATION TO BID

00 20 00 INSTRUCTIONS TO BIDDERS

00 22 00 REQUIREMENTS FOR NON-DISCRIMINATION, EQUAL EMPLOYMENT

OPPORTUNITY, SMALL CONTRACTORS AND SUPPLIERS, AND

APPRENTICESHIP REQUIREMENTS AND PRIORITY HIRE

00 40 00 FORM OF BID

00 40 00-A FORM OF BID - BIDDING SCHEDULE

00 43 13 BID GUARANTY BOND

00 43 43 WAGE RATES

00 45 13 QUALIFICATION INFORMATION

00 45 13-A RESPONSIBILITY DETAIL FORM

00 50 00 AGREEMENT

00 52 00 FORMS AND DOCUMENTS

00 61 00 PERFORMANCE AND PAYMENT BOND

00 62 00 INSURANCE REQUIREMENTS

00 72 00 GENERAL TERMS AND CONDITIONS

00 73 00 SUPPLEMENTAL TERMS & CONDITIONS

00 90 00 ADDENDA

VOLUME 2

DIVISION 01 – GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 13 00 REFERENCE MATERIAL

01 14 00 WORK RESTRICTIONS

01 14 30 USE OF COUNTY FACILITIES AND EQUIPMENT

01 15 00 CONSTRUCTION TESTING

01 17 00 ENVIRONMENTAL CONDITIONS

01 19 50 PROTECTION AND MAINTENANCE OF PROPERTY AND WORK

01 29 00 MEASUREMENT AND PAYMENT

01 31 19 CONTRACT MEETINGS

01 32 16 CONSTRUCTION PROGRESS SCHEDULES AND REPORTS

01 32 33 PHOTOGRAPHS AND VIDEOS

01 33 00 SUBMITTAL PROCEDURES

01 33 10 STANDARD FORMS

01 33 29 SUSTAINABILITY REPORTING

01 35 29 HEALTH AND SAFETY

01 35 43 ENVIRONMENTAL PROCEDURES

01 41 26 PERMITS AND EASEMENTS

01 52 00 CONSTRUCTION FACILITIES

TABLE OF CONTENTS (CONT.)

Rev. 8/8/2024 00 01 10 - 2 Table of Contents

01 64 00 COUNTY SELECTED EQUIPMENT

01 67 00 SHIPMENT, PROTECTION, AND STORAGE

01 73 00 BRACING AND ANCHORING

01 74 19 CONSTRUCTION AND DEMOLITION MATERIAL MANAGEMENT

01 74 23 FINAL CLEANING

01 75 20 TESTING AND COMMISSIONING

01 78 23 OPERATION AND MAINTENANCE DATA

01 78 36 WARRANTIES

01 78 39 PROJECT RECORD DOCUMENTS

01 78 40 ASSET ATTRIBUTE COLLECTION

01 78 41 ASSET TAGGING REQUIREMENTS AND SCHEDULE

01 78 45 BILL OF MATERIALS

01 79 00 TRAINING

DIVISION 02 — EXISTING CONDITIONS

02 26 00 HAZARDOUS MATERIAL ASSESSMENT PLAN

02 26 23 ASBESTOS ASSESSMENT

02 26 26 LEAD ASSESSMENT

02 26 29 POLYCHLORINATED BIPHENYL (PCB) ASSESSMENT

02 41 00 DEMOLITION AND SALVAGE

DIVISION 03 — CONCRETE

03 10 00 CONCRETE FORMING AND ACCESSORIES

03 20 00 CONCRETE REINFORCING

03 30 00 CAST-IN-PLACE CONCRETE

03 60 00 GROUTING

03 83 00 CONCRETE CUTTING AND PATCHING

DIVISION 04 — MASONRY

NOT USED

DIVISION 05 — METALS

05 05 19 POST-INSTALLED CONCRETE ANCHORS

05 05 23 METAL FASTENINGS

05 50 00 METAL FABRICATIONS

05 74 64 ALUMINUM COVERS

DIVISION 06 — WOOD, PLASTICS, AND COMPOSITES

NOT USED

DIVISION 07 — THERMAL AND MOISTURE PROTECTION

07 18 13 PEDESTRIAN TRAFFIC COATING

07 92 00 JOINT SEALANTS

DIVISION 08 — OPENINGS

08 31 50 ACCESS HATCHES

Rev. 8/8/2024 00 01 10 - 3 Table of Contents

DIVISION 09 — FINISHES

09 06 90 SCHEDULES FOR PAINTING AND COATING

09 90 00 COATING SYSTEMS

09 90 05 TOUCH-UP OF EXISTING PAINT

09 97 50 FULLY ADHERED PLASTIC LINING

DIVISION 10 — SPECIALTIES

10 14 00 SIGNAGE

DIVISION 13 — SPECIAL CONSTRUCTION

13 47 13.13 CATHODIC PROTECTION FOR SUBMERGED PIPING

DIVISION 21 — FIRE SUPPRESSION

NOT USED

DIVISION 22 — PLUMBING

NOT USED

DIVISION 23 — HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 05 41 PIPE HANGERS AND SUPPORTS

23 05 42 SEISMIC RESTRAINTS FOR FRP PIPING SYSTEMS

23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC

23 09 13.13 ACTUATORS AND OPERATORS

23 09 13.23 SENSORS AND TRANSMITTERS

23 31 16.16 FIBERGLASS REINFORCED PLASTIC (FRP) PIPE DUCTS

23 37 23 HVAC GRAVITY VENTILATORS

DIVISION 26 — ELECTRICAL

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19 600 VOLT CONDUCTORS AND CABLES

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 05 33 RACEWAYS, BOXES, AND SUPPORTS

26 05 73 POWER SYSTEMS STUDY: SHORT CIRCUIT AND COORDINATION

REPORT

26 05 73.19 ARC FLASH HAZARD ANALYSIS

26 08 00 COMMISSIONING OF ELECTRICAL SYSTEMS

26 09 16 MISCELLANEOUS ELECTRICAL DEVICES

26 27 16 LOCAL CONTROL PANELS

26 27 26 WIRING DEVICES

26 29 23 VARIABLE FREQUENCY DRIVES

26 50 00 LIGHTING

DIVISION 27 — COMMUNICATIONS

NOT USED

DIVISION 28 — ELECTRONIC SAFETY AND SECURITY

NOT USED

Rev. 8/8/2024 00 01 10 - 4 Table of Contents

DIVISION 31 — EARTHWORK

31 09 00 SETTLEMENT MONITORING AND CONDITION INSPECTIONS

31 25 00 EROSION AND SEDIMENTATION CONTROL

DIVISION 33 — UTILITIES

NOT USED

DIVISION 40 — PROCESS INTERCONNECTIONS

40 05 01 PIPING SYSTEMS

40 05 23 STAINLESS STEEL PROCESS PIPE AND TUBING

40 05 24 STEEL PROCESS PIPE

40 05 47 PIPING APPURTENANCES

40 05 63.08 BALL VALVES

40 05 80 HOSES AND NOZZLES FOR UTILITY STATIONS

40 06 70 SCHEDULES

40 06 71 INSTRUMENT SCHEDULE

40 06 76 SPCS I/O SCHEDULE

40 06 77 ALARM PRIORITIZATION SCHEDULE

40 41 00 PROCESS PIPING AND EQUIPMENT HEAT TRACING

40 42 00 PROCESS PIPING AND EQUIPMENT INSULATION

40 61 13 PROCESS CONTROL SYSTEM GENERAL PROVISIONS

40 70 10 PROCESS TAPS AND PRIMARY ELEMENTS

40 70 20 TRANSMITTERS

40 78 00 PANEL MOUNTED INSTRUMENTS

DIVISION 41 — MATERIAL PROCESSING AND HANDLING EQUIPMENT

NOT USED

DIVISION 43 — PROCESS GAS AND LIQUID HANDLING, PURIFICATION AND STORAGE

EQUIPMENT

43 74 64 DISSOLVED AIR FLOTATION THICKENERS

DIVISION 44 — POLLUTION AND WASTE CONTROL EQUIPMENT

NOT USED

DIVISION 46 — WATER AND WASTEWATER EQUIPMENT

NOT USED

APPENDICES

APPENDIX A – WESTECH CONTRACT WITH KING COUNTY (EXHIBIT 1 OF CONTRACT

ASSIGNMENT TO GC)

APPENDIX B – WESTECH CONTRACT ASSIGNMENT TO GC

APPENDIX C - DAFT GC INSTALLATION AND OPERATION AND MAINTENANCE MANUALS

Rev. 8/8/2024 00 01 10 - 5 Table of Contents

VOLUMES 3 & 4

CONTRACT DRAWINGS

VOLUME 5

STANDARD DETAILS

Rev. 2/6/2026 00 10 00 - 1 Invitation to Bid

SECTION 00 10 00

INVITATION TO BID

Contract Title: South Treatment Plant (STP) Dissolved Air Flotation Thickener (DAFT) Tanks Rehabilitation Project Synopsis: The purpose of this project is to modify and replace six dissolved air flotation thickener (DAFT) mechanisms, piping and appurtenances, their related cover systems and access hatches, and associated electrical equipment. This project also includes the modification of the existing concrete tank walls for four DAFTs.

Bid Due Date/Time: 07/30/2026 / 1:30:59 PM Bid Opening: Bids will be opened and read as soon as practicable after the Bid Due Date/Time.

The Bid Opening will be conducted via Microsoft Teams:

• Join on your computer or mobile app:

Click here to join the meeting

• Or call in (audio only) +1-425-653-6586, Conference ID 576 797 546#

Request for Information: Submit all inquiries via email to the Contract Specialist and cc the Alternate Contract Specialist. No verbal answers by any County personnel or its agents and consultants will be binding on the County.

Contract Specialist:

Lea McCormick, lmccormick@kingcounty.gov, 206-263-9396 Alternate Contract Specialist:

Jillian Decoteau, jdecoteau@kingcounty.gov, 206-477-6181 Engineer’s Estimate: $29,958,000.00 Work site: 1200 Monster Road SW, Renton, Washington 98057 Pre-Bid Conference: 7/14/2026, 10:00AM The Pre-Bid Conference will be conducted via Microsoft Teams. Firms may attend the conference as follows:

• Join on your computer or mobile app Click here to join the meeting

• Or call in (audio only) +1-425-653-6586, Conference ID 427 085 20#

Site Tour: Two (2) physical Site Tours will be held on July 15, 2026. Each site tour will last a maximum 60 minutes. Maximum attendees (not counting King County staff) 15 per tour. The following PPE are required for site tour: Hardhats, safety glasses safety vests, and safety boots.

King County will not loan out PPE.

Available starting times are: 8:00AM or 9:30AM Bidders must make reservations for the physical Site Tour by sending an email to the Contract Specialist, and cc the Alternate Contract Specialist, including the time/date preferred.

Reservations for a particular time will be first-come, first-served based on the message time-stamp of bidders’ requests. If no one makes a reservation, no physical Site Tour will occur.

https://teams.microsoft.com/meet/263139445240906?p=n3rH94VNqmK4svPr4S https://teams.microsoft.com/meet/261903560407548?p=HEPL3cg5FB6DIGFNdM

Rev. 2/6/2026 00 10 00 - 2 Invitation to Bid

To find the meeting place of the physical Site Tour 1200 Monster Road SW, Renton, Washington 98057.

Subcontracting Opportunities: Truck Driver, Concrete Mason, Painter, Electrician Demo, Electrician Startup and Commissioning, and Programming.

Apprenticeship Requirements: 15% minimum Apprentice Utilization Requirement.

Document Holders: Document Holders list can be viewed at the following website:

https://kingcounty.gov/depts/finance-business-operations/procurement/for-business/solicitation-resources.aspx Master Community Workforce Agreement (MCWA): King County reviewed this Project and determined that a MCWA will apply, due to the nature of the work and the estimated labor costs.

See Master Community Workforce Agreement (MCWA).

Priority Hire Apprentice Utilization Requirement: 27% of the total Apprentice Labor Hours worked during the Contract.

Priority Hire Journey Level Requirement: 18% of the total Journey Labor Hours worked during the Contract.

Preferred Entry Requirements: 20% of the total Apprentice Labor Hours worked during the Contract.

Federal Funding: This contract is funded, in part, by the U.S. Environmental Protection Agency (EPA). The Water Infrastructure Finance and Innovation Act of 2014 (WIFIA) is a federal credit program administered by the EPA. The Contractor will be required to comply with all federal requirements, including Davis Bacon (Federal) Wage Rates, Build America, Buy America and American Iron and Steel.

In accordance with EPA’s policy to assure that MBEs and WBEs have the opportunity to participate in contracts and procurement under EPA grants, the Contractor shall make Good Faith Efforts as required in 40 CFR 33 Part C to ensure to the fullest extent possible that it subcontracts the MBE and WBE Goals of:

Minority Business Enterprise (MBE): 10% of the Contract Price Women Business Enterprise (WBE): 6% of the Contract Price.

Bid Guaranty: Not less than five percent (5%) of the Total Bid Price.

This information is available in alternate formats for individuals with disabilities upon advance request by calling 206-263-9400, TTY Relay: 711.

Note: Bids received after Bid Due Date/Time will not be considered. Bidders accept all risks of late delivery, regardless of fault. King County is not responsible for any costs incurred in response to this Invitation to Bid.

END OF SECTION

https://kingcounty.gov/depts/finance-business-operations/procurement/for-business/solicitation-resources.aspx https://kingcounty.gov/depts/finance-business-operations/procurement/for-business/solicitation-resources.aspx https://kingcounty.gov/en/dept/executive-services/about-king-county/business-operations/finance-business-operations/business-development-contract-compliance/programs/priority-hire/mcwa

Rev. 9/1/2025 00 20 00 Instructions to Bidders page i of i

SECTION 00 20 00

INSTRUCTIONS TO BIDDERS

PART 1 — GENERAL BIDDING CONSIDERATIONS

1.01 EXAMINATION OF CONTRACT DOCUMENTS AND REGULATIONS

1.02 ADDENDA & CLARIFICATION OF CONTRACT DOCUMENTS

1.03 INSPECTION OF WORK SITE

1.04 WAGES

1.05 PROGRESS AND COMPLETION

1.06 PREVENTION OF ENVIRONMENTAL POLLUTION AND PRESERVATION OF PUBLIC

NATURAL RESOURCES

1.07 REQUIREMENT FOR COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT

OF 1973, AS AMENDED

1.08 NON-DISCRIMINATION IN CONTRACTING

1.09 RECYCLED PRODUCTS POLICY

1.10 “OR EQUAL” REQUESTS

1.11 CONFLICT OF INTEREST—FORMER COUNTY EMPLOYEES

1.12 EX PARTE COMMUNICATIONS

PART 2 — PREPARATION AND SUBMITTAL OF BIDS

2.01 GENERAL

2.02 TAXES – RETAIL SALES

2.03 BID GUARANTY

2.04 ACKNOWLEDGMENT OF ADDENDA

2.05 BUILD AMERICA, BUY AMERICAN

2.06 AMERICAN IRON AND STEEL (AIS) REQUIREMENT

2.07 ANTI-LOBBYING AMENDMENT

2.08 BIDDER’S CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR

VOLUNTARY EXCLUSION

2.09 CERTIFICATION OF NON-SEGREGATED FACILITIES

2.10 LOBBYING DISCLOSURE

2.11 PARTICIPATION BY EPA

2.12 BIDDER’S CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR

VOLUNTARY EXCLUSION

2.13 LOBBYING DISCLOSURE

PART 3 — BID EVALUATION AND REJECTION

3.01 OPENING AND POSTPONEMENT OF OPENING

3.02 MODIFICATION AND WITHDRAWAL OF BIDS

3.03 BID EXTENSION

3.04 BID ERRORS, INFORMALITIES AND IMMATERIAL IRREGULARITIES

3.05 BID EVALUATION AND RESULTS

3.06 QUALIFICATIONS OF BIDDER

3.07 BID EVALUATION CONFERENCE

3.08 SINGLE BID RECEIVED

3.09 CANCELLATION OF ITB OR REJECTION OF BIDS

3.10 COLLUSION

3.11 PROTEST PROCEDURES

PART 4 — AWARD AND EXECUTION OF CONTRACT

4.01 GENERAL

4.02 PERFORMANCE AND PAYMENT BOND

4.03 INSURANCE

4.04 RETURN OF BID GUARANTIES & ESCROW DOCUMENTATION

4.05 EQUAL BENEFITS

4.06 RESPONSIBLE CONTRACTOR

Rev. 9/1/2025 00 20 00 - 1 Instructions to Bidders

SECTION 00 20 00

INSTRUCTIONS TO BIDDERS

PART 1 — GENERAL BIDDING CONSIDERATIONS

1.01 EXAMINATION OF CONTRACT DOCUMENTS AND REGULATIONS

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

B. Each Bidder has an obligation to notify King County (herein after also referred to as “County”) Contract Specialist listed in §00 10 00 Invitation to Bid, in writing, via email, and prior to the bid opening, of any ambiguity or inconsistency in or between the Contract Documents or overly stringent qualifications. Failure to notify the Contract Specialist and the Alternate Contract Specialist, via email, prior to the bid opening of any such ambiguity or inconsistency the Bidder discovered or should have discovered shall result in the waiver of any and all rights of the Bidder to claim additional time or compensation, if the County executes the Contract (i.e., the County signs the Agreement, §00 50 00), relating to or arising from the ambiguity or inconsistency.

C. The submittal of a bid shall constitute an acknowledgment upon which the County may rely that the Bidder has obtained, thoroughly examined, and is familiar with the Contract Documents and has reviewed and inspected all applicable federal, state and local statutes, ordinances and regulations relating to the work and all permits which have been applied for and/or issued pertaining to the work.

D. The failure or neglect of a Bidder to obtain, receive, or examine any of the Contract Documents, statutes, ordinances, regulations and permits shall in no way relieve the Bidder from any obligations with respect to its bid or to the Contract. No claim for additional compensation or time will be allowed based upon a lack of knowledge or misunderstanding of any of the Contract Documents, statutes, ordinances, regulations, permit requirements, or other materials referenced or incorporated herein.

1.02 ADDENDA & CLARIFICATION OF CONTRACT DOCUMENTS

A. No oral clarification or interpretations will be made to any Bidder as to the meaning of the Contract Documents. Requests for clarification shall be made in writing via email to the Contract Specialist and cc the Alternate Contract Specialist at least @seven (7) days prior to the bid opening date. The County may not respond to requests for clarification that are received outside of this timeframe.

B. Addenda will be posted to the E-Procurement Supplier Portal at:

https://kingcounty.gov/procurement/supplierportal and the Solicitation Abstracts page at:

https://kingcounty.gov/procurement/solicitations.

C. Clarifications will be transmitted, via the E-Procurement system, to registered suppliers. Clarifications are for information purposes only, do not affect any changes to the Contract Documents, and are not part of the Contract Documents.

D. Bidders shall not rely upon any oral statements or conversations, whether at the pre-bid conference or otherwise, they may have with County employees, agents, or representatives regarding the Contract Documents.

E. In order to participate in a solicitation, all interested firms must register in the E- Procurement Supplier Portal. Registered firms can view solicitation documents at: https://kingcounty.gov/procurement/supplierportal.

https://kingcounty.gov/procurement/supplierportal https://kingcounty.gov/procurement/solicitations https://kingcounty.gov/procurement/supplierportal

Rev. 9/1/2025 00 20 00 - 2 Instructions to Bidders

F. If there is a need for special arrangements or sign interpreters at any pre-bid conference or bid opening, please call 206-263-9400, TTY Relay: 711, three (3) days in advance.

1.03 INSPECTION OF WORK SITE

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

B. The submittal of a bid shall constitute the Bidder's acknowledgment, based on the Bidder’s own knowledge, examination, inspection and testing as well as review of the Contract Documents, that the Bidder has satisfied itself as to the following: (1) the quality, character and quantity of subsurface conditions materials or obstacles to be encountered insofar as this information is reasonably ascertainable from the inspection of the site and Contract Documents;

(2) access to the site; (3) environmental factors and mitigation requirements; (4) all other data, matters and conditions requisite to the fulfillment of the work; (5) conditions ordinarily expected to be encountered or generally recognized as inherent in the work; (6) requirements imposed by easements and permits; and, (7) existing and available services and utilities at and in the vicinity of the site of the work and not on any representation or warranty of the County. No claim for additional compensation will be allowed which is based upon a misunderstanding or lack of knowledge, examination, inspection and/or testing of any of the above items by the Bidder.

1.04 WAGES

A. This Contract is subject to the Davis-Bacon Act as well as Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits and other requirements. Bidders shall examine and be familiar with such requirements.

No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by the Contractor or a failure to include in the Bidder's bid price adequate increases in such wages during the performance of this Contract.

Bidders must comply with the current prevailing wage rates which are found in §00 43 43.

1.05 PROGRESS AND COMPLETION

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

1.06 PREVENTION OF ENVIRONMENTAL POLLUTION AND PRESERVATION OF

PUBLIC NATURAL RESOURCES

A. If a Contract is executed by the County, the Contractor shall fully comply with all such environmental protection laws, ordinances and regulations dealing with prevention of environmental pollution and the preservation of public natural resources that may be applicable to this Project. The cost of such compliance shall be included in the bid prices.

Rev. 9/1/2025 00 20 00 - 3 Instructions to Bidders

1.07 REQUIREMENT FOR COMPLIANCE WITH SECTION 504 OF THE REHABILITATION

ACT OF 1973, AS AMENDED

A. A summary of the requirements and instructions is contained in §00 22 00.

1.08 NON-DISCRIMINATION IN CONTRACTING

A. It is the policy of the County to provide equal employment opportunities and an equal opportunity for all businesses to participate in providing goods and services to the County.

B. The County has an affirmative action policy relating to employment (King County Code chapter 12.16), a non-discrimination in contracting policy (King County Code chapter 12.17), and a fair employment policy (King County Code chapter 12.18). A summary of the requirements, instructions, and submittals is contained in §00 22 00. It is each Bidder's obligation to review this information and comply with all requirements when submitting a bid for this Contract.

1.09 RECYCLED PRODUCTS POLICY

A. The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Contractor shall notify the County, who may waive the recycled paper requirement.

B. The Contractor agrees to use both sides of paper sheets for copying and printing, and to use recycled/recyclable products wherever practical.

1.10 “OR EQUAL” REQUESTS

A. Except as provided in sub-paragraph C below, when product, material or equipment is specified by one or more patents, brand names, or catalog numbers proprietary name or name of manufacturer or any combination thereof, it shall be understood that this is for the purpose of defining the performance process, article desired or other salient requirements, and shall be deemed to be followed by the words "or equal," whether or not such words appear.

Other products, materials or equipment, of equal or better capacities, quality and function, may be considered by the Project Representative upon the Contractor's request for “or equal” determination.

B. Bidders (no subcontractors, suppliers, or materialmen) may submit written requests for approval of an “or equal” determination during the bidding period. Requests must be submitted, via email to the Contract Specialist and cc the Alternate Contract Specialist, not later than ten (10) days prior to the bid opening. Proposed “or equal” products, materials, or equipment not added to the technical specifications by addenda five (5) days prior to the bid opening are due shall be considered having been rejected as not equal.

C. Under no circumstances will a substitution or a proposed “or equal” product be considered for an item which is identified as no equal, sole source, no substitutions and/or pre-qualified.

D. Bidders must provide sufficient documentation (information similar to that which is required for a substitution request (CSI form 13.1A)), to enable the County to review the product documentation and determine if the products, materials, or equipment are “equal”. Bidder shall provide any additional documentation requested by the County in a prompt and timely manner.

1.11 CONFLICT OF INTEREST—FORMER COUNTY EMPLOYEES

A. Organizational Conflict of Interest. An organizational conflict of interest (OCOI) is a real or perceived situation where because of activities, relationships, financial interests, or contracts, a bidder may possess impaired objectivity or an unfair competitive advantage.

Rev. 9/1/2025 00 20 00 - 4 Instructions to Bidders

1. Bidders may be precluded from proposing or participating in this procurement if they have:

(a) A direct or indirect pecuniary or property interest, accepted any compensation, gift or thing of value from any other person beneficially interested in this procurement or hired a former King County employee less than 1 year following separation from King County.

(b) Developed or provided guidance on the instructions, scope of work, or evaluation criteria for the procurement.

(c) Prepared project-related documents beyond preliminary design, reports, or other similar documents, that were not made available to all bidders.

(d) Provided previous services that gave the bidder access to or knowledge of confidential or inside information not available to other bidders.

(e) Performed work or services under a previous/concurrent contract that may be subject to evaluation or assessment under this procurement. This includes work or services performed by others in which the bidder has a financial interest in.

(f) An active role on another contract (e.g. Project Management or Construction Management services) to evaluate or assess work or services performed under this procurement. This includes work or services performed by others which the bidder has a financial interest in.

2. Prior to submitting bids to the County, each bidder shall conduct a review of its past and current contracts and/or affiliations to identify any potential, real, or perceived OCOI related to this procurement. If following that review, a bidder has identified an OCOI related to this procurement, the bidder must seek a written determination from King County regarding the bidder eligibility to propose. King County’s written response will be binding. Bidders shall submit written requests to the Contract Specialist identified in §00 10 00 Invitation to Bid. Subconsultants of bidders may seek similar determinations, but the required information must be submitted to King County through the /bidder.

3. Written requests must include the following information:

(a) A detailed description of the specific scope of the previous or concurrent work and how it relates to the scope of work to be performed by the bidder for upcoming work;

(b) The identification of any personnel that will be used for the upcoming work that also were involved in the previous or concurrent work and their respective roles on each;

(c) A detailed explanation regarding why the bidder believes there is no conflict of interest that would preclude the bidder from performing the scope of work;

and

(d) Any internal measures that the bidder proposes to implement to eliminate any potential or perceived conflict of interest.

4. The County, in its sole discretion, may implement additional steps to avoid or mitigate an OCOI.

Rev. 9/1/2025 00 20 00 - 5 Instructions to Bidders

5. Discovery of additional information or a change in information over time may necessitate a re-evaluation of the original determination.

B. As a matter of responsibility the Bidder shall identify within the Responsibility Detail Form any employees who, for one (1) year after leaving County employment, were involved in the preparation of its bid. Failure to identify the employees involved may result in rejection of the bid.

C. After Contract Execution, the Contractor is responsible for notifying the Project Representative of any employees who, for one (1) year after leaving County employment, may become involved in the Contract at any time during performance of the Work. Failure to identify the employees may result in termination of the Contract.

D. The requirements of this Section do not replace a former County employee’s legal obligation to comply with the King County Code of Ethics, chapter 3.04 KCC regarding post- County employment activities.

1.12 EX PARTE COMMUNICATIONS

A. Bidders are expected to conduct themselves with professional integrity and to refrain from lobbying activities. During the procurement process, commencing with the issuance of the ITB and continuing until the execution of the Contract (or cancellation of the procurement) no employee, member, agent, vendor, advisor, subcontractor or consultant of any bidder shall have ex parte communications, directly or indirectly, regarding this procurement with any representative or elected official of the County involved in this procurement, except for communications permitted by this ITB. Any verified allegation that a Bidder, subcontractor or team member has engaged in such prohibited communications or attempted to unduly influence the solicitation process shall cause the County to disqualify a bidder or a member of a bidder’s team from participating in this process, all at the sole discretion of the County.

PART 2 — PREPARATION AND SUBMITTAL OF BIDS

2.01 GENERAL

A. Bids shall be made on the forms in §00 40 00 and include the bid guaranty. The completed forms constituting the bid shall be in a PDF file format and submitted, using the “Create a Response” button only, directly to the E-Procurement solicitation system. File size is limited to 25 megabytes. Bidders may zip the file to reduce file size or split files to meet the size limitations. All bids must be received before the Close Date/Time listed in the E-Procurement solicitation system. A completed Subcontractor Listing Form for Plumbing, Electrical, and HVAC, included in §00 40 00, shall be submitted in accordance with RCW 39.30.060(1)(a) as part of the bid, by the Close Date/Time. A completed Subcontractor Listing Form for Structural Steel and Rebar Installation, included in §00 40 00, shall be submitted in accordance with RCW 39.30.060(1)(b) either as part of the bid, or via email to the Contract Specialist and cc the Alternate Contract Specialist identified in §00 10 00, within 48 hours after the Close Date/Time.

Do not submit the remainder of the Contract Documents. Bidders are warned against making alterations of any kind to the Form of Bid or, if applicable, the Bid Guaranty Bond. Bids which contain omissions, erasures or irregularities of any kind may be rejected. Any qualification, addition, limitation or provision attached to or contained in a bid may render the bid non-responsive. No oral, facsimile, telegraphic or telephonic bids or modifications will be considered.

B. All bids shall be signed by the Bidder, or the Bidder’s authorized representative. If the bid is made:

1. By an individual, the Bidder's name, signature, and address must be shown;

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2. By a partnership or joint venture, it shall contain the names of each partner, the mailing address of the partnership or joint venture and shall be signed in the firm name, followed by the signature of the person signing, indicating that person's position in the partnership or joint venture; or

3. By a corporation, the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person who signs on behalf of the corporation must be shown.

C. The County is not responsible for any cost incurred in response to this Invitation to Bid.

D. Upon request of the County, the Bidder shall provide copies of the articles of incorporation, bylaws, resolutions of board of directors, partnership papers, joint venture agreements, and any other documents evidencing the legal status of the Bidder and the authority of the Bidder’s officer or representative who signed the bid on behalf of the Bidder.

2.02 TAXES – RETAIL SALES

A. The Work to be performed under this Contract constitutes a “retail sale” as such term is defined in RCW 82.04.050, and the Contract Price is subject to the State of Washington and local agency retail sales taxes. However, Bidders shall not include such retail sales tax on the Contract Price in their bids. Such retail sales tax will be calculated on the total Contract Price and the County will add retail sales tax (state and local) on each progress payment and final payment to the Contractor for transmittal by the Contractor to the Washington State Department of Revenue or to the applicable local government.

B. Other than state or local retail sales tax on the Contract Price as specified above and except as provided in subparagraph C of this paragraph 2.02, the Bidder shall include in the Bidder’s proposed price(s) all applicable taxes which the Contractor will be required to pay for the Work under this Contract. For example, the County will not add sales tax the Contractor pays on the purchase of tools, machinery, equipment or consumables not integrated into the Work. No adjustment will be made in the amount to be paid by the County under this Contract because of any misunderstanding by or lack of knowledge of the Bidder/Contractor as to liability for, or the amount of, any taxes for which the Bidder/Contractor is liable or responsible by or under this Contract or because of any increases in tax rates imposed by any federal, state or local governments.

C. Retail sales/use taxes, if any, payable on equipment, materials and other items provided hereunder to the Contractor by the County shall not be included in the Bidder’s proposed prices. If taxes on such items are required to be paid, the County shall make such payment, either through the Contractor or direct to the Washington State Department of Revenue.

2.03 BID GUARANTY

A. The bid shall be accompanied by a PDF file of an original bid guaranty in the amount equal to at least 5% of the Total Bid Price. Upon request by the County, bidder(s) shall provide the original bid guaranty which accompanied their electronic bid. The bid guaranty shall be in one of the following formats and made payable to KING COUNTY: (1) a bid guaranty bond, using either the form provided in §00 43 13 or a form acceptable to the County which contains provisions substantially similar to those in §00 43 13, duly completed by a guaranty company authorized to carry on business in the state of Washington; or (2) a postal money order, a certified check, or cashier's check drawn upon a banking institution with a branch office in the state of Washington. The surety signing the bid guaranty bond shall be registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current

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Authorized Insurance Company List in the State of Washington published by the Office of the Insurance Commissioner. Failure to submit the PDF file of the original bid guaranty, or upon request by the County, provide the original bid guaranty, shall render the bid non-responsive and be rejected.

B. The amount payable to the County under the bid guaranty bond, or the certified or cashier's check or postal money order and the amount thereof, as the case may be, shall be forfeited to the County in case of a failure or neglect of the Bidder to furnish, execute and deliver to the County all the forms listed in §00 52 00 within the number of days specified therein, following the issuance of the Intent to Award. Forfeiture of the bid guarantee shall not limit the County’s right to recover damages from the Bidder caused by the Bidder’s failure to execute the Contract.

C. The County will return bid guarantees of all bidders in accordance with §00 20 00 ¶4.04.

2.04 ACKNOWLEDGMENT OF ADDENDA

A. Each Bidder shall acknowledge all addenda issued during the solicitation in the E-Procurement system.

2.05 BUILD AMERICA, BUY AMERICAN

A. A Bidder must submit to the recipient the appropriate Build America, Buy America certification form found in §00 40 00 with its bids on EPA-funded contracts, except those subject to a general waiver. Bids that are not accompanied by a completed Build America, Buy America certification must be rejected as nonresponsive. This requirement to submit the form with the bid does not apply to lower tier subcontractors.

B. The selected Contractor shall be responsible for ensuring that lower subcontractors are in compliance with the requirements for Build America, Buy America set forth in the Supplemental Terms and Conditions found in §00 73 00.

2.06 AMERICAN IRON AND STEEL (AIS) REQUIREMENT

A. A Bidder must submit to the recipient the appropriate American Iron and Steel certification form found in §00 40 00 with its bids on EPA-funded contracts, except those subject to a general waiver. Bids that are not accompanied by a completed American Iron and Steel certification must be rejected as nonresponsive. This requirement to submit the form with the bid does not apply to lower tier subcontractors.

B. The selected Contractor shall be responsible for ensuring that lower subcontractors are in compliance with the requirements for American Iron and Steel as set forth in the Supplemental Terms and Conditions found in §00 73 00.

2.07 ANTI-LOBBYING AMENDMENT

A. The Bidder, submitting a bid on a solicitation valued at $100,000 or more, shall, if applicable, complete the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” The Certification regarding lobbying for the Contractor and all subcontractors to complete is located in §00 52 00. See also §00 73 00 for the contract provision governing this requirement. Form is only required if Lobbying has occurred.

2.08 BIDDER’S CERTIFICATION REGARDING SUSPENSION, DEBARMENT,

INELIGIBILITY OR VOLUNTARY EXCLUSION

A. Pursuant to Executive Order 12549 and federal regulations contained in 40 CFR 32, entities and individuals who are debarred or suspended by the federal government are excluded from obtaining federal assistance funds under this Contract. To assure that such entities and individuals are not involved as participants on this EPA financed project, each

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Bidder shall complete and submit the Certification, located in the Form of Bid, §00 40 00. A Bidder that is unable to provide a positive Certification as set forth in §00 40 00, Form of Bid, must submit a complete explanation, attached to the Certification form, explaining why it cannot provide the certification. Failure to submit a certification or explanation will be cause for bid rejection. The County, in conjunction with EPA, will consider the certification or explanation in determining bid responsiveness.

B. The Certification is a material representation of fact upon which reliance is placed in determination of award of contract. If at any time the Bidder learns that its Certification was erroneous when submitted or has become erroneous by reason of changed circumstances, it shall immediately provide written notice to the County. If it is later determined that the Bidder knowingly rendered an erroneous Certification, the County may terminate the Contract for cause of default, in addition to other remedies available including EPA suspension and/or debarment.

C. By submitting a bid for this Contract, the Bidder agrees that, should it be awarded the Contract, it shall not knowingly enter into any subcontract in excess of $100,000 with an entity or person who is debarred, suspended, or has been declared ineligible from obtaining federal assistance funds. Pursuant to the §00 40 00, Form of Bid, the Bidder, if awarded the Contract, agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the County upon request.

Contractor must run a search in www.sam.gov and print a copy of completed searches to document proof of compliance.

2.09 CERTIFICATION OF NON-SEGREGATED FACILITIES

A. The Bidder shall complete and submit the Certification of Non-Segregated Facilities, located in the Form of Bid, §00 40 00.

2.10 LOBBYING DISCLOSURE

A. Pursuant to 40 CFR Part 34 (which is by this reference incorporated herein), the bidder to whom the County awards this Contract shall, if applicable, execute and return the Disclosure of Lobbying Activities form, within the number of days specified in §00 52 00, following the issuance of the Intent to Award. Form is only required if Lobbying has occurred.

2.11 PARTICIPATION BY EPA

A. The County anticipates being eligible to receive Water Infrastructure Finance and Innovation Act (“WIFIA”) funds which are administered by the U.S. Environmental Protection Agency (“EPA”).

B. Neither the United States nor any of its departments, the State of Washington nor any of its departments or employees are, or shall be, a party to this Invitation to Bid or any resulting contract. This procurement is subject to federal regulations contained in 40 Code of Federal Regulations (CFR) Part 31 as published in the Federal Register.

2.12 BIDDER’S CERTIFICATION REGARDING SUSPENSION, DEBARMENT,

INELIGIBILITY OR VOLUNTARY EXCLUSION

A. Pursuant to Executive Order 12549 and federal regulations contained in 40 CFR 32, entities and individuals who are debarred or suspended by the federal government are excluded from obtaining federal assistance funds under this Contract. To assure that such entities and individuals are not involved as participants on this EPA financed project, each Bidder shall complete and submit the Certification, located in the Form of Bid, §00 40 00. A Bidder that is unable to provide a positive Certification as set forth in §00 40 00, Form of Bid, must submit a complete explanation, attached to the Certification form, explaining why it cannot provide the certification. Failure to submit a certification or explanation will be cause for bid http://www.sam.gov/

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B. The Certification is a material representation of fact upon which reliance is placed in determination of award of contract. If at any time the Bidder learns that its Certification was erroneous when submitted or has become erroneous by reason of changed circumstances, it shall immediately provide written notice to the County. If it is later determined that the Bidder knowingly rendered an erroneous Certification, the County may terminate the Contract for cause of default, in addition to other remedies available including EPA suspension and/or debarment.

C. By submitting a bid for this Contract, the Bidder agrees that, should it be awarded the Contract, it shall not knowingly enter into any subcontract in excess of $100,000 with an entity or person who is debarred, suspended, or has been declared ineligible from obtaining federal assistance funds. Pursuant to the §00 40 00, Form of Bid, the Bidder, if awarded the Contract, agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the County upon request.

Contractor must run a search in www.sam.gov and print a copy of completed searches to document proof of compliance.

2.13 LOBBYING DISCLOSURE

A. Pursuant to 40 CFR Part 34 (which is by this reference incorporated herein), the bidder to whom the County awards this Contract shall, if applicable, execute and return the Disclosure of Lobbying Activities form, within the number of days specified in §00 52 00, following the issuance of the Intent to Award. Form is only required if Lobbying has occurred.

PART 3 — BID EVALUATION AND REJECTION

3.01 OPENING AND POSTPONEMENT OF OPENING

A. At the time and place set forth in the Invitation to Bid for the opening and reading of bids, each and every bid (except those which may have been properly withdrawn) received prior to the scheduled closing time for receipt of bids will be publicly opened and read aloud by the King County P&P staff, irrespective of any irregularities or informalities in such bid. The time and place set forth in the Invitation to Bid for opening and reading the bids may only be changed by addendum.

B. The County reserves the right to postpone the date and time for opening of bids at any time prior to the opening of bids.

C. The official time stamp clock for bid submittal will be the internal clock displayed within the County’s E-Procurement system. Late bids will not be accepted.

D. Immediately following the bid opening, firms who have submitted a bid can access the bid submittal results via the E-Procurement Portal.

E. Following the bid opening, typically within 24-48 hours to allow for all required forms, allowed to be submitted after the bid closing time and date, a message will be transmitted, via the E-Procurement system, to registered suppliers that copies of all bid submittals are available to the public via the County’s website at: https://kingcounty.gov/depts/finance-business-operations/procurement/for-business/solicitation-resources.aspx

F. Any document submitted to King County pursuant to this ITB prior to Contract Execution shall be considered a public record under chapter 42.56 RCW (the “Act”) and shall be available for public inspection and copying, unless exempt under the Act.

http://www.sam.gov/ https://kingcounty.gov/depts/finance-business-operations/procurement/for-business/solicitation-resources.aspx https://kingcounty.gov/depts/finance-business-operations/procurement/for-business/solicitation-resources.aspx

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3.02 MODIFICATION AND WITHDRAWAL OF BIDS

A. Bidders are allowed to revise their submitted bid prior to the Close Date/Time.

Bidders will not be allowed to revise their bid after the Close Date/Time.

B. Bidders may be allowed to withdraw their bid for justifiable reasons after the Close

Date/Time prior to Contract Execution, only as approved by the County.

3.03 BID EXTENSION

A. The County reserves the right to request Bidders to grant an extension of the effective period of the bid. Such grant shall not be unreasonably withheld. If a Bidder pursues a protest and/or request for reconsideration, its bid is deemed extended until the County executes a contract, or until the protest or request for reconsideration is withdrawn by the Bidder.

3.04 BID ERRORS, INFORMALITIES AND IMMATERIAL IRREGULARITIES

A. Prices set forth in the bid will be reviewed by the County for mathematical accuracy.

B. The County, in its sole discretion, reserves the right to waive minor bid errors, informalities, and immaterial irregularities when it is in the County’s best interest and does not result in displacement of a low bidder.

C. The County reserves the right to correct arithmetical errors and discrepancies between unit prices(s) and extended amount(s) and/or written words or numbers (collectively referred to herein as a “Discrepancy”) under the following circumstances:

1. Existence of the Discrepancy is ascertainable from the face of the bid;

2. The Bidder verifies Discrepancy;

3. The intended bid is ascertainable from the face of the bid; and

4. Correction of the Discrepancy does not result in displacement of a low Bidder.

Where 1. through 4. are met, the unit price will always prevail.

D. Where the bid is readily susceptible of being interpreted as offering either one of two prices shown on the face of the bid, one of which is low and the other is not, the bid must be rejected. If the evidence of the arithmetical error or discrepancy is clear and convincing the Bidder may be permitted to withdraw its bid.

E. In the event a Bidder believes it made an error on its bid, the Bidder shall provide written notice of such claim. The Bidder shall provide to the County supporting evidence for such claim including cost breakdown sheets. The County reserves the right to require the submittal of other bid records or information as the County may deem necessary to evaluate the Bidder’s claim of error, or any error as may be identified by the County during its review of the bid.

F. Any review by the County of a bid and/or any review of such a claim of bid error (including supporting evidence) creates no duty or liability on the County to discover any other bid error or mistake, and the sole liability for any bid error or mistake rests with the Bidder or Contractor.

3.05 BID EVALUATION AND RESULTS

A. Following the Bid Close Date and Time, bids will be evaluated by County to determine which bid is the lowest, responsive bid submitted by a bidder.

B. The County will request the information, as specified in §00 45 13 Qualifications Information, to determine the low responsive bidders’ responsibility.

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C. Bid results will be available to all bidders after the Close Date/Time, at:

https://kingcounty.gov/procurement/solicitations

3.06 QUALIFICATIONS OF BIDDER

A. In accordance with RCW 39.04.350 the low responsive bidder shall demonstrate, to the satisfaction of the County, that the Bidder and/or its project team are responsible and qualified to perform the Work under this Contract. §00 45 13, Responsibility Detail Forms of the Contract Documents contains the mandatory and, if any supplemental criteria, for Bidder responsibility.

B. The Bidder shall complete and submit the required information electronically, via email to the Contract Specialist identified in §00 10 00, within the time specified in §00 45 13.

C. Project examples, submitted with the Qualifications Information, shall have been substantially completed before the Close Date/Time listed in §00 10 00.

D. In the event a Bidder fails to provide qualification information as required in §00 45 13, or other information requested by the County, the Bidder may be rejected as not responsible.

3.07 BID EVALUATION CONFERENCE

A. Prior to Intent to Award, if requested by the County, the low responsive Bidder shall attend bid evaluation conference(s). The County will hold a bid evaluation conference only if the County deems it is necessary. The Bidder shall bring to the conference any documents or information required by the County as necessary for review.

B. By conducting a bid evaluation conference, the County does not waive its right to make determinations regarding responsiveness and responsibility of the Bidder.

3.08 SINGLE BID RECEIVED

A. If the County receives a single responsive, responsible bid, the County shall have the right, at its sole discretion, to conduct a price or cost analysis on such bid.