KC001746-itb-vol-1.pdf

Department of Natural Resources and Parks Wastewater Treatment Division

KC001746

Offsite Electrical Construction Work Order

Volume 1 of 1

Bidding Requirements and Forms General Terms and Conditions

Technical Specifications

September 2026

TABLE OF CONTENTS

ELECTRICAL CONSTRUCTION WORK ORDER

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

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

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

DIVISION 01 – GENERAL REQUIREMENTS

01 11 00 01 14 00 01 14 30 01 15 00 01 19 50 01 29 00 01 31 19 01 32 16 01 32 33 01 33 00 01 33 10 01 33 29 01 35 29 01 35 43 01 41 26 01 52 00 01 55 26 01 67 00 01 73 00 01 74 19

SUMMARY OF WORK

WORK RESTRICTIONS

USE OF COUNTY FACILITIES AND EQUIPMENT

CONSTRUCTION TESTING

PROTECTION AND MAINTENANCE OF PROPERTY AND WORK

MEASUREMENT AND PAYMENT

CONTRACT MEETINGS

CONSTRUCTION PROGRESS SCHEDULE (SHORT)

PHOTOGRAPHS AND VIDEOS

SUBMITTALS PROCEDURE

STANDARD FORMS

SUSTAINABILITY PROCEDURES

HEALTH AND SAFETY

ENVIRONMENTAL PROCEDURES

PERMITS AND EASEMENTS

CONSTRUCTION FACILITIES

TRAFFIC CONTROL

SHIPMENT, PROTECTION, AND STORAGE

BRACING AND ANCHORING

CONSTRUCTION AND DEMOLITION MATERIAL MANAGEMENT

TABLE OF CONTENTS (CONT.)

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

01 74 23 FINAL CLEANING

01 75 20 TESTING AND COMMISSIONING

01 78 23 OPERATIONS AND MAINTENANCE DATA

01 78 36 WARRANTIES

01 78 39 PROJECT RECORD DOCUMENTS

01 78 40 ASSETS ATTRIBUTE COLLECTION

01 78 41 ASSET TAGGING REQUIREMENTS AND SCHEDULE

01 78 44 SPARE UNITS

01 79 00 TRAINING

DIVISION 02 — EXISTING CONDITIONS

02 26 00 02 41 00

HAZARDOUS MATERIAL ASSESSMENT PLAN

DEMOLITION AND SALVAGE

DIVISION 03 — CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

03 30 01 CAST-IN-PLACE CONCRETE (SMALL JOBS)

03 30 10 CONTROLLED DENSITY FILL (CDF)

03 60 00 GROUTING

03 83 00 CONCRETE CUTTING AND PATCHING

DIVISION 04 — MASONRY 08 – NOT USED

DIVISION 09 — FINISHES

09 90 00 COATING SYSTEMS

DIVISION 10 — 25 – NOT USED

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 08 00 COMMISSIONING OF ELECTRICAL SYSTEMS

26 09 16 MISCELLANEOUS ELECTRICAL DEVICES

26 24 16 PANELBOARDS

26 24 19 MOTOR CONTROL CENTERS

26 27 16 LOCAL CONTROL PANELS

26 27 26 WIRING DEVICES

26 50 00 LIGHTING

DIVISION 27 — 30 – NOT USED

DIVISION 31 — EARTHWORK

31 05 00 EARTHWORK

31 09 00 GEOTECHNICAL INSTRUMENTATION AND CONDITION INSPECTIONS

31 23 19 DEWATERING

31 23 33 TRENCHING, BACKFILLING AND COMPACTING

TABLE OF CONTENTS (CONT.)

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

31 50 00 EXCAVATION SUPPORT AND PROTECTION

DIVISION 32 — 39 – NOT USED

DIVISION 40 — PROCESS INTERCONNECTIONS

40 61 13 PROCESS CONTROL SYSTEM GENERAL PROVISIONS

DIVISION 41 — 49 – NOT USED

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

SECTION 00 10 00

INVITATION TO BID

Contract Title: KC001746 Synopsis: The work under this Contract includes furnishing all labor, tools, equipment, materials, incidentals, superintendents, subcontractor coordination, and overhead to perform industrial electrical repairs, replacements, minor modifications, testing of electrical equipment, instrumentation, controls installation, and safety improvements in the Wastewater Treatment Division Offsite Program Facilities.

Associated subcontractors (e.g., civil, mechanical) may be required. Any such related civil, mechanical, site work, and/or hazardous material handling will only be performed as an incidental or ancillary aspect of the electrical work, and only as necessary to accomplish the electrical work.

Bid Due Date/Time: 09/29/2026 / 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 956 293 146 #

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:

Leeann Snyder, lsnyder@kingcounty.gov, 206-263-3517 Not-to-Exceed Contract Price: $ 4,000,000.00 Work site: Various King County facilities located throughout Washington, primarily for the Wastewater Treatment Division.

The work performed under this Contract shall not exceed $4,000,000.00 and the initial Contract Time shall not exceed 365 calendar days from the date of Contract Execution by the County. The County does not guarantee any minimum amount of work or that the dollar amount of the Work Orders issued will total $ 4,000,000.00 during the duration of this Contract. At the County’s sole discretion, this Contract may be extended by Contract Modification for an additional 365 calendar days or until the Not to Exceed Contract Price is reached, whichever occurs first.

The County shall review all Work Orders issued under this Contract with an estimated value equal to or greater than $150,000 to establish a specific required or aspirational level of participation by Certified Firms, Apprentices and or Priority Workers.

Subcontracting Opportunities: Instrumentation and Controls, Cast in Place Concrete, Paving, Demo, Cutting and Paving, Trenching, Backfilling, and Compacting.

https://teams.microsoft.com/meet/290107636885412?p=ozpMYFW7JLBGPqy6pv

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

SCS Utilization Requirements. 7% minimum requirement for King County Certified Small Contractors and Suppliers (SCS) for the total price of all executed Work Orders.

Apprenticeship Requirements: 15% minimum Apprentice Utilization Requirement of the total labor hours worked during the contract.

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

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

Rev. 7/7/2026 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 NOT USED

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

2.03 BID GUARANTY

2.04 ACKNOWLEDGMENT OF ADDENDA

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. 7/7/2026 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.

E. The work will be assigned to the Contractor by Work Orders; each Work Order will address the scope of work and time of completion, and shall be performed as directed by the Project Representative and in accordance with the Technical Specifications and Drawings issued with each Work Order. Work will be performed on a time and material basis. The County does not guarantee any minimum amount of work or that the value of the Work Orders issued will total the Not to Exceed Contract Price.

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.

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

Rev. 7/7/2026 00 20 00 - 2 Instructions to Bidders

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.

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 NOT USED

1.04 WAGES

A. This Contract is subject to 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 wages in affect at the time of bid. For the initial 365 days of the Contract, Bidders must comply with the current prevailing wage rates set forth in §00 43 00. If the County elects to extend the Contract for an additional year, the Contractor must comply with the prevailing wage rates in effect at the beginning of the second year for the remainder of the Contract. No other adjustments to wage rates are allowed under this Contract.

1.05 PROGRESS AND COMPLETION

A. Time is of the essence for this Contract. Progress and completion of the each Work Order shall comply with all requirements herein, and intermediate Substantial Completion and Final Completion of a Work Order dates as may be set forth in the Work Orders.

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.

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.

Rev. 7/7/2026 00 20 00 - 3 Instructions to Bidders

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.

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.

Rev. 7/7/2026 00 20 00 - 4 Instructions to 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.

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.

Rev. 7/7/2026 00 20 00 - 5 Instructions to Bidders

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;

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.

Rev. 7/7/2026 00 20 00 - 6 Instructions to Bidders

2.02 TAXES

A. The County has not determined whether the Work, or a portion thereof, to be performed under this Contract constitutes a “retail sale” as such term is defined in RCW 82.04.050, and if the Contract Price is subject to the State of Washington and local agency retail sales taxes. Therefore, Bidders shall not include such retail sales tax on the Contract Price in their bids or include applicable use taxes in their bids. In accordance with the provisions of this section, the County will pay the Contractor the Washington State sales tax and/or use tax as appropriate on the contract amount.

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. After the Contractor has entered into a contract with the County for the work and submitted a Schedule of Values in a format acceptable to the County, the County and the Contractor will work with the Washington State Department of Revenue to determine which portions of the Work, if any, qualify for the retail sales tax exemption pursuant to RCW

82.04.050. The Contract will be amended to add any retail sales tax and use taxes due, as determined by the Washington State Department of Revenue.

D. Washington State sales tax and/or use tax will not be considered for the purposes of calculating the total cost to the County of the bid submitted or determining the lowest Bidder.

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 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.

Rev. 7/7/2026 00 20 00 - 7 Instructions to Bidders

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.

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.

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.

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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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.

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

https://kingcounty.gov/procurement/solicitations D. Reciprocal Preference for Resident Contractors

1. In accordance with RCW 39.04.380, the County is enforcing a Reciprocal Preference for Resident Contractors. Any public works bid received from a Nonresident Contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that Nonresident Contractor. States that currently provide bidding percentage preferences to resident contractors are: Alaska, Nevada, New Mexico and Wyoming.

2. A “Nonresident Contractor” is a contractor that:

(a) is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and

(b) at the time of bidding on a public works project, does not have a physical office located in Washington.

https://kingcounty.gov/procurement/solicitations

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

4. All Nonresident Contractors will be evaluated by the County for an out of state percentage bidding preference. If the state of the Nonresident Contractor provides a contractor percentage bidding preference, a Comparable Percentage Disadvantage (“CPD”) will be applied, by the County, to the Nonresident Contractor’s Total Bid Price during bid evaluation. The CPD is the percentage bidding preference advantage, provided by the Nonresident Contractor’s home state.

5. For the purpose of determining the low bidder, the County shall multiply the Nonresident Contractor’s Total Bid Price by the CPD. The CPD shall be added to the Nonresident Contractor’s Total Bid Price which equates to the Nonresident Contractor’s Disadvantage Total Bid. This Nonresident Contractor’s Disadvantage Total Bid shall be compared to the other bidder(s) Total Bid Price(s) for the solicitation and the bidder with the lowest total bid shall be the low bidder for this solicitation. See example below.

EXAMPLE:

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

Alaska Nonresident Contractor’s Total Bid Price +$100,000 Alaska CPD Total $ 5,000 Nonresident Contractor’s Disadvantage Total Bid $105,000*

* NOTE: If the Nonresident Contractor’s Disadvantage Total Bid is lower than the other bidder(s) Total Bid Price(s), the Alaska Nonresident Contractor will be the low bidder, and if found responsible, will be awarded a contract for the Total Bid Price of $100,000.

If the Nonresident Contractor’s Disadvantage Total Bid is higher than the other bidder(s) Total Bid Price(s), the bidder with the lowest Total Bid Price, if found responsible, will be awarded a contract for their Total Bid Price.

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.

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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. The Bidder shall promptly provide all cost or pricing data, documentation, and explanation requested by the County to assist in cost and price analysis. By conducting such analysis, the County shall not be obligated to accept the single bid; the County reserves the right to reject such bid or any portion thereof.

B. By way of explanation but not as limitation, the terms "price analysis" and "cost analysis" are generally described as follows: (1) price analysis" means the process of examining and evaluating a bid price without evaluating its separate cost elements and proposed profit;

and (2) "cost analysis" means the review and evaluation of the separate cost elements and proposed profit of (a) the Bidder's cost or pricing data, and (b) the judgmental factors applied in projecting from the data to the estimated costs, in order to form an opinion on the degree to which the proposed costs represent what the contract should cost, assuming reasonable economy and efficiency.

3.09 CANCELLATION OF ITB OR REJECTION OF BIDS

A. Bidders are advised that the County reserves the right to:

1. Cancel the procurement at any time prior to Contract Execution, or

2. Reject any and all bids for good cause, including, but not limited to:

(a) any bid which contains any omission, erasure or irregularity;

(b) any bid which has any qualification, addition, limitation, or provision attached to or contained in the bid;

(c) any bid in which prices are unbalanced in the opinion of the County;

(d) any bid accompanied by insufficient or irregular bid guaranty;

(e) any bid found non-responsive by the County;

(f) any Bidder found by the County to be not responsible;

(g) any bid for which a Bidder fails or neglects to complete and submit any qualifications information within the time specified by the County and as may be otherwise required herein.

(h) any bidder found to be debarred by a local, state, or federal agency.

B. In submitting a bid, a Bidder acknowledges and agrees that it is not entitled to any compensation, costs, or damages relating to bid preparation or resulting from the County’s decision to cancel a bid or procurement or refusal to execute a contract.

C. All costs incurred in the preparation of a Bid and participation in this procurement shall be borne by the bidders.

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3.10 COLLUSION

A. If the County determines that collusion has occurred among the Bidders, none of the bids of the participants in such collusion will be considered. The County's determination of collusion shall be conclusive.

3.11 PROTEST PROCEDURES

A. The County’s process for receiving protests is available at:

http://www.kingcounty.gov/depts/finance-business-operations/procurement/for-business/do-business/protest.aspx

PART 4 — AWARD AND EXECUTION OF CONTRACT

4.01 GENERAL

A. Within the number of days stated on the Form of Bid, after the bid Close Date and Time, the County will accept a bid and issue an Intent to Award, reject all bids, or take such other action as may be in its best interest. The County reserves the right to request extensions of the bid acceptance period.

B. Within five (5) days the Bidder is to execute and deliver to the County all the forms listed in §00 52 00 following the issuance of the Intent to Award.

C. If the Bidder experiences circumstances beyond their control that prevents return of the Contract documents within five (5) days after receiving the Intent to Award, the County may grant up to a maximum of five (5) additional days for return of the forms listed in §00 52 00, provided the County deems the circumstances warrant it. Under no circumstances will the Bidder have more than 10 days to return the properly executed Agreement and Performance and Payment Bond.

D. The County will presume that any person signing or modifying the bid prior to its submittal, or signing the contract on behalf of the Bidder is authorized to bind the Bidder.

E. After Contract Execution, the Contractor may download an electronic copy of the executed Contract Documents from the County’s E-Procurement system for this contract by logging into the supplier portal:

https://kingcounty.gov/procurement/supplierportal

4.02 PERFORMANCE AND PAYMENT BOND

A. The Bidder to whom the County issues the Intent to Award for this Contract shall furnish a Performance and Payment Bond, in accordance with §00 52 00, only on the form provided in §00 61 00, in the amount of 100% of the Not to Exceed amount for this Contract, as security for the faithful performance and completion of the work. Such bond must be executed, dated and sealed by a duly licensed surety(ies) which is registered with the Washington State Insurance Commissioner, and the surety's(ies') name shall appear in the current Authorized Insurance Company List in the state of Washington published by the Office of the Insurance Commissioner. The surety should be bound by an attorney-in-fact, preferably a resident of this County, but certainly of the State of Washington. The scope of the Performance and Payment Bond or the form herein prescribed shall in no way affect or alter the liabilities of the Contractor to the County under the terms of the Contract Documents. The County may require the surety(ies) to appear and qualify themselves upon the bond. If at any time the County determines, in its sole judgment, that the surety(ies) are insufficient, the County may require the Contractor to furnish additional surety in form and arrangement satisfactory to the County and in an amount not exceeding that originally required. Payments will not be made on the Contract until sufficient surety as required is furnished.

https://www.kingcounty.gov/depts/finance-business-operations/procurement/for-business/do-business/protest.aspx https://www.kingcounty.gov/depts/finance-business-operations/procurement/for-business/do-business/protest.aspx

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B. The person signing the Performance and Payment Bond, as Principal, shall be the Bidder or the Bidder’s authorized representative. See §00 20 00 ¶2.01B for the signature requirements.

C. Bidder(s) shall submit a PDF file of the original fully executed Performance and Payment Bond. Upon request by the County, Bidder(s) shall mail the original fully executed Performance and Payment Bond.

4.03 INSURANCE

A. The County has established certain insurance requirements set forth in §00 62 00.

The Bidder to whom the County issues the Intent to Award shall file with the County evidences of and certificates of insurance from insurer(s), as well as additional insured endorsements, certifying to the coverage of all insurance required herein. Any Bidder having questions about the insurance requirements should immediately contact the Contract Specialist identified in §00 10

00. The County will not execute the Contract without approved Insurance documents. Failure to provide Insurance Documents will result in the rejection of the Bidder.

4.04 RETURN OF BID GUARANTIES & ESCROW DOCUMENTATION

A. Any original hard copy bid guaranties requested and received will be held until the Contract has been fully executed. Thereafter, all original hard copy bid guarantees requested and received, and all PDF copies of bid guarantees in the form of a bond, postal money order, a certified check, or cashier's check will be returned to the respective Bidders. If the County upholds a Bidder's claim of error, the Bidder's bid guaranty will be returned with the County's final determination on the claim of error. The County will also return Bid Guaranties if all bids are rejected.

B. Escrow Bid Documents, if requested, will be returned to unsuccessful bidders along with bid guaranties. The successful bidder will have Escrow Bid Documents returned in accordance §00 46 00.

4.05 EQUAL BENEFITS

A. In accordance with the County Ordinance 14823, as a condition of award of a contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses and employees with domestic partners during the performance of this Contract. Absent authorization for delayed or alternative compliance as referenced below, failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach.

B. When the contract is valued at $25,000 or more, by signing the Contract the Contractor is indicating compliance with this requirement or with the terms of an authorization for delayed or alternate compliance.

1. Delayed Compliance: If a Contractor is seeking authorization from the County Procurement and Payables Section to delay implementation of equal benefits due to a Collective Bargaining Agreement, Open Enrollment or internal Administrative steps, an Equal Benefits Substantial Compliance Authorization Form must be submitted prior to Contract Execution.

2. Alternative Compliance: If a Contractor is seeking authorization from the County Procurement and Payables Section for alternative compliance with the requirements of the equal benefits ordinance, the Contractor must complete and return an Equal Benefits Substantial Compliance Authorization Form to the County prior to Contract Execution.

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3. The Substantial Compliance Authorization Form can be found at:

https://kingcounty.gov/depts/finance-business-operations/procurement/forms.aspx

4.06 RESPONSIBLE CONTRACTOR

A. As a condition of award for contracts valued at $100,000 or more, the Bidder agrees that it shall comply with the criteria in King County Ordinance 19925. King County Procurement & Payables may waive specific criteria, such as community workforce agreements or employee health insurance, if deemed inapplicable based on procurement type or business size. Failure to comply with the criteria specified in the ordinance and to which the Bidder is attesting on this form will constitute a material breach, and the County may terminate the contract, in whole or in part, for default.

END OF SECTION

https://kingcounty.gov/depts/finance-business-operations/procurement/forms.aspx https://kingcounty.gov/depts/finance-business-operations/procurement/forms.aspx https://cdn.kingcounty.gov/-/media/king-county/depts/executive-services/finance-business-operations/procurement-payables/documents/contractor-responsibility-quick-guide.pdf…