RFQ25-010_Addendum 2.pdf

2023-621 CM20A ROOF REPLACEMENT

Castino Architecture © 2025

February 4, 2025 1

ADDENDUM No. 2 4

See the following clarification and/or changes relating to the contract documents: 5

1. CHANGE BID DATE TO FEBRUARY 12, 2025. 2:00 P.M. 7

2. REMOVE SECTION “INSTRUCTIONS TO BIDDERS-GENERAL CONDITIONS. 8

REPLACE WITH “INSTRUCTIONS TO BIDDERS -GENERAL CONDITIONS 9-12-2023; 9

attached. 10

3. Bidders are reminded that a form of bid guarantee is required, as noted in that section. 11

4. 12

ATTACHMENT: 14

INSTRUCTIONS TO BIDDERS -GENERAL COND 9-12-2023 15

END OF ADDENDUM 2. 17

INSTRUCTIONS TO BIDDERS Page 1 of 11 Effective September 12, 2023

INSTRUCTIONS TO BIDDERS

FOR WASHINGTON STATE FACILITIES CONSTRUCTION

PART 0 – GENERAL CONDITIONS

0.00 EXPLANATION TO PROSPECTIVE BIDDERS

A. In accordance with RCW 39.04.380 effective March 30, 2012, the State of Washington is enforcing a Reciprocal Preference for Resident Contractors. Any public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor.

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

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

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

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

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

This section does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280, or any other procurement exempt from competitive bidding.

B. Any prospective Bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit a request in writing to the Architect/Engineer (A/E) seven (7) calendar days before the bid due date. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders by addendum to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Bidders.

C. In accordance with the legislative findings and policies set forth in RCW 39.19 the State of

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

D. The State of Washington encourages participation in all of its contracts by Veteran-owned businesses (defined in RCW 43.60A.010) and located at

INSTRUCTIONS TO BIDDERS Page 2 of 11 Effective September 12, 2023 http://www.dva.wa.gov/program/certified-veteran-and-servicemember-owned-businesses and Small, Mini and Micro businesses (defined in RCW 39.26.010) which have registered in WEBS at https://pr-webs-vendor.des.wa.gov/

1. In order to report payment detail, the Contractor must create an account in the DES Public Works Diversity Tracking & Management System powered by B2GNow or verify if an account has already been created on behalf of the Contractor:

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

2. For account login or account creation details, go to the DES Public Works Diversity

Tracking & Management System home page by clicking on the URL listed above and clicking on Information for Vendors.

3. Every month for the duration of the contract, and while the contract is active in the DES

Public Works Diversity Tracking & Management System, submit and accurately maintain the following payment information through the DES Public Works Diversity Tracking & Management System:

(a) Payments received by the prime contractor from the Agency

(b) Payments paid to each first tier subcontractor

(c) Payments paid to each first tier supplier

4. The Contractor must also ensure the following information is reported in the DES Public

Works Diversity Tracking & Management System by first tier subcontractors and suppliers for the duration of the contract:

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

(b) Payment reporting to each supplier

E. In accordance with RCW 39.04.320, for all public works estimated to cost one million dollars or more, the State of Washington requires no less than 15% of the labor hours be performed by apprentices. A contractor or subcontractor may not be required to exceed the 15% requirement. On applicable projects, the bid advertisement and Bid Form shall establish a minimum required percentage of apprentice labor hours compared to the total labor hours. The project’s apprenticeship utilization rate is calculated using the approved affidavits from the L&I portal.

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

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

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

4. Utilization Plan - The Contractor shall provide an Apprentice Utilization Plan (Plan) demonstrating how and when they intend to achieve the Apprenticeship Utilization Requirement. The Plan shall have enough information to track the Contractor’s progress in meeting the utilization requirement. The Contractor shall submit the Plan on

INSTRUCTIONS TO BIDDERS Page 3 of 11 Effective September 12, 2023 the Apprentice Utilization Plan template (on the DES Public Works Forms website) within 10 business days of Notice to Proceed of the contract and prior to submitting the first invoice. The Contractor shall provide an updated Plan during the course of construction when there are significant changes to the Plan which may affect their ability to meet the requirement.

(a) The Plan shall be uploaded to the Department of Labor & Industries’ (L&I)

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

(b) The Plan is not submitted for approval.

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

(d) If the Plan indicates that the Contractor will not attain the Apprentice Utilization

Requirement, then Contractor must submit “Good Faith Effort” (GFE) documentation with their Plan to L&I’s PWIA system.

5. Good Faith Effort (GFE)

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

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

2. All GFE documentation must be submitted no later than 30 days before substantial completion.

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

1. The contract number, title and the apprentice utilization requirements,

2. The amount of apprentice labor hours the contract can or did attain along with the percentage of labor hours,

3. Contractors may receive a GFE credit for graduated Apprentice hours through the end of the calendar year for all projects worked on as long as the Apprentice remains continuously employed with the same Contractor they were working for when they graduated. If an Apprentice graduates during employment on a project of significant duration, they may be counted towards a GFE credit for up to one year after their graduation or until the end of the project (whichever comes first).

Determination of whether or not Contract requirements were met in good faith will be made by subtracting the hours from the journeyman total reported hours for the project and adding them to the apprentice hour total. If the new utilization percentage meets the Contract requirement, the Contractor will be reported as meeting the requirement in good faith,

4. Anticipated or actual shortfall (in apprentice labor hours and percentage) and the reason(s) for not attaining the required apprentice labor hours,

5. Information from one or more of the following areas:

INSTRUCTIONS TO BIDDERS Page 4 of 11 Effective September 12, 2023

(a) Names of any State-Approved Apprentice Training Programs contacted with the name(s) of person(s) contacted and dates of contacts, and a copy of each response from the Training Program(s),

(b) Reference Contract Specifications or documents that affected the

Contractor’s ability to attain apprentice utilization,

(c) Discuss efforts the Contractor has taken to require Subcontractors to solicit and employ apprentices,

6. Backup documentation to the letter consisting of the following:

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

Additional Resource Information

(a) For questions regarding how to complete the Apprentice Utilization Plan template or Good Faith Effort documentation, please contact the Project Manager listed in the Bid Advertisement.

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

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

0.01 PREPARATION OF BIDS – CONSTRUCTION

A. Bids must be: (1) submitted on the Bid Form, or copies of forms, furnished by the Owner or the

Owner’s agent, and (2) signed in ink. The person signing a bid must initial each change appearing on any Bid Form. If the bid is made by a corporation, it shall be signed by the corporation’s authorized designee. The address of the Bidder shall be typed or printed on the Bid Form in the space provided.

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

(4) any combination of items 1 through 3 above.

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

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

0.02 BID GUARANTEE

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

When the sum of the base bid plus all additive alternates is greater than $35,000.00, a bid guarantee in the amount of 5% of the base bid amount is required. Failure of the Bidder to provide bid guarantee when required shall render the bid non-responsive.

INSTRUCTIONS TO BIDDERS Page 5 of 11 Effective September 12, 2023

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

The Owner will return bid guarantees (other than bid bond) to unsuccessful Bidders as soon as practicable, but not sooner than the execution of a contract with the successful Bidder.

The successful Bidder’s bid guarantee will be returned to the successful Bidder with its official notice to proceed with the work of the contract.

C. The Bidder will allow 60 days from bid opening date for acceptance of its bid by the Owner.

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

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

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

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

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

0.03 ADDITIVE OR DEDUCTIVE BID ITEMS

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

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

0.04 ACKNOWLEDGEMENT OF ADDENDA

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

0.05 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

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

INSTRUCTIONS TO BIDDERS Page 6 of 11 Effective September 12, 2023

Bidder to take the actions described and acknowledged in this paragraph will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work.

0.06 BID AMOUNTS

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

B. The actual cost of building permit (only) and the public utility hookup fees will be a direct reimbursement to the Contractor or paid directly to the permitting agency by the Owner.

Fees for these permits should not be included by the Bidder in the bid amount.

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

0.07 TAXES

The bid amounts shall not include Washington State Sales Tax (WSST). All other taxes imposed by law shall be included in the bid amount. The Owner will include WSST in progress payments.

The Contractor shall pay the WSST to the Department of Revenue and shall furnish proof of payment to the Owner if requested.

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

0.08 SUBMISSION OF BIDS

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

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

1. The project number and description.

2. The name and address of the Bidder.

3. Identification as Bid Form.

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

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

E. People with disabilities who wish to request special accommodation, (e.g., sign language interpreters, braille, etc.) need to contact the Owner ten (10) working days prior to the scheduled bid opening.

0.09 SUBCONTRACTOR LISTING

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

INSTRUCTIONS TO BIDDERS Page 7 of 11 Effective September 12, 2023

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

B. WITHIN 48 HOURS OF BID SUBMITTAL TIME: The Bidder shall also provide names of the

Subcontractors with whom the Bidder will subcontract for structural steel installation and rebar installation on Subcontractor List Form B via email.

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

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

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

2. Bankruptcy or insolvency of the listed subcontractor;

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

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

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

6. The listed subcontractor is barred from participating in the project as a result of a court order.

E. The Bidder shall not list more than one Subcontractor for each category of work identified

UNLESS Subcontractors vary with bid alternates, in which case the Bidder must indicate which Subcontractor will be used for which alternate.

F. Failure of the Bidder to submit Forms A and B within the specified times with the NAMES of such

Subcontractors or to name itself to perform such work shall render the Bidder's bid nonresponsive and, therefore, void.

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

0.10 BID RESULTS

After the Bid Opening, Bidders may obtain bid results from the office of DES Facility Professional Services (FPS) by calling (360) 902-7272 or by logging on to FPS web site:

https://apps.des.wa.gov/EASbids/BidResult.aspx. Bid results may also be obtained from the A/E.

0.11 BID PROTESTS

A. Bidders may submit a bid protest to easmail@des.wa.gov within 2 business days of the Bid Opening, or within 2 business days after DES provided copies of bids received to those bidders that timely requesting copies of bids received, if later. To be considered timely for purposes of this Section 0.11, a request for copies of bids received must be made within 2 business days after the bid opening.

1. DES will not acknowledge or accept any bid protest received more than 2 business days after the time set out in (A) above.

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

INSTRUCTIONS TO BIDDERS Page 8 of 11 Effective September 12, 2023

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

C. DES will provide written notice to protesting bidders of an intent to enter upon a Public Works

Contract with anyone other than the protesting bidder as follows:

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

2. Not less than 2 business days following the date on which DES provided copies of the bids received to those bidders requesting copies of bids received.

0.12 LOW RESPONSIBLE BIDDER

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

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

18.27, a plumbing contractor license in compliance with RCW 18.106, an elevator contractor license in compliance with RCW 70.87, or an electrical contractor license in compliance with RCW 19.28 as required under the provisions of those chapters.

2. Have a current state unified business identifier number;

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

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

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

6. Public Works and Prevailing Wage Training/Exemption. Bidders shall have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department.

The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its website. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption. https://lni.wa.gov/licensing-permits/public-works-projects/contractors-employers/contractor-training

7. Within the three year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgement entered by a

INSTRUCTIONS TO BIDDERS Page 9 of 11 Effective September 12, 2023 court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW 49.46, 49.48, or 49.52. A bidder shall submit a signed Contractor Certification form with the bid or within two (2) business days of request by Owner regarding this wage theft prevention responsible bidder criteria.

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

1. If applicable, the Owner shall consider an overall accounting of the attached supplemental criteria for determining Bidder responsibility “DIVISION 00

SUPPLEMENTAL RESPONSIBILITY CRITERIA”.

2. At least seven (7) days prior to the bid submittal deadline, a potential Bidder may request that the Owner modify the supplemental responsibility criteria. The Owner will evaluate the information submitted by the potential Bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the Owner will issue an addendum to the bidding documents identifying the new criteria.

3. Upon Owner’s request, the apparent low Bidder must supply the requested responsibility information within two (2) business days of request by Owner. Withholding information or failure to submit all the information requested within the time provided may render the bid non-responsive

4. If the Owner determines that the apparent low Bidder is not responsible, the Owner will notify the Bidder of its preliminary determination in writing.

5. Within three (3) days after receipt of the preliminary determination, the Bidder may withdraw its bid or request a hearing where the Bidder may appeal the preliminary determination and present additional information to the Owner.

6. The Owner will schedule a hearing within three (3) working days of receipt of the Bidder’s request. The hearing members will include a Client Agency Representative, EAS Assistant Director or designee, Deputy Assistant Director or designee, and Project Manager.

7. The Owner will issue a Final Determination after reviewing information presented at the hearing.

8. If the Owner determines a Bidder to be not responsible, the Owner will provide, in writing, the reasons for the determination. If the final determination affirms that the Bidder is not responsible, the Owner will not execute a contract with any other Bidder until two (2) business days after the Bidder determined to be not responsible has received the final determination.

9. The Owner’s Final Determination is specific to this project, and will have no effect on other or future projects.

0.13 CONTRACT AWARD

A. The Owner will evaluate bids responsiveness and responsibility.

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

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

INSTRUCTIONS TO BIDDERS Page 10 of 11 Effective September 12, 2023

(b) It meets the stated requirements of the Bid Form.

(c) It is submitted by a licensed/registered contractor within the state of Washington at the time of bid opening and is not banned from bidding by the Department of Labor and Industries,

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

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

(a) It meets the mandatory responsibility criteria established in RCW 39.04.350 and an overall accounting of the supplemental responsibility criteria established for the project.

(b) The bidder completes, signs, and submits the “Contractor Certification Wage Theft

Prevention – Responsible Bidder Criteria” form with their bid or within two (2) business days of request by the Owner.

B. The Owner reserves the right to accept or reject any or all bids and to waive informalities.

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

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

E. Reciprocal Preference for Resident Contractors. For a public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) will be applied to the bid of that nonresident contractor. The CPD is the in-state contractor percent advantage provided by the contractor’s home state.

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

EXAMPLE:

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

Alaska Nonresident Contractor Bid Amount $100,000 Alaska CPD Total $ 5,000 Nonresident Disadvantage Total $105,000*

* Note – If the Nonresident Disadvantage Total is lower than all other Washington contractor bid amounts, the Alaska Nonresident Contractor is the successful Bidder and will be awarded a contract for the bid amount of $100,000.

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If the Nonresident Disadvantage Total is higher than a Washington contractor bid amount, the successful Washington Bidder will be awarded a contract for the bid amount.

F. The Contract will only become effective when signed by the Owner. Prior to the Owner’s signature, any and all costs incurred shall be the sole responsibility of the Bidder.

0.14 DOCUMENTS (ATTACHED)

A. Advertisement for Bids B. Bid Form C. Subcontractor Listing Forms A & B D. Supplemental Bidder Responsibility Criteria (if applicable) E. Certificate of Insurance form F. Special Conditions (if applicable)

Note: AIA Payment Bond and Performance Bond current forms (A312) are required, when applicable. These forms will not be provided by the Owner.

Section 00 72 00

GENERAL CONDITIONS

FOR WASHINGTON STATE FACILITY CONSTRUCTION

Page 1 of 50 Effective September 12, 2023

PART 1 - GENERAL PROVISIONS

DEFINITIONS

ORDER OF PRECEDENCE

EXECUTION AND INTENT

PART 2 – INSURANCE AND BONDS

CONTRACTOR’S LIABILITY INSURANCE

COVERAGE LIMITS

INSURANCE COVERAGE CERTIFICATES

PAYMENT AND PERFORMANCE BONDS

ALTERNATIVE SURETY

BUILDER’S RISK

PART 3 – TIME AND SCHEDULE

PROGRESS AND COMPLETION

CONSTRUCTION SCHEDULE

OWNER’S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE

OWNER’S RIGHT TO STOP THE WORK FOR CAUSE

DELAY

NOTICE TO OWNER OF LABOR DISPUTES

DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION

PART 4 – SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS

DISCREPANCIES AND CONTRACT DOCUMENT REVIEW

PROJECT RECORD

SHOP DRAWINGS

ORGANIZATION OF SPECIFICATIONS

OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS ... 15

PART 5 – PERFORMANCE

CONTRACTOR CONTROL AND SUPERVISION

PERMITS, FEES, AND NOTICES

PATENTS AND ROYALTIES

PREVAILING WAGES

HOURS OF LABOR

NONDISCRIMINATION

SAFETY PRECAUTIONS

OPERATIONS, MATERIAL HANDLING, AND STORAGE AREAS

PRIOR NOTICE OF EXCAVATION

UNFORESEEN PHYSICAL CONDITIONS

PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, VEGETATION, UTILITIES AND

IMPROVEMENTS

LAYOUT OF WORK

Page 2 of 50 Effective September 12, 2023

MATERIAL AND EQUIPMENT

AVAILABILITY AND USE OF UTILITY SERVICES

TESTS AND INSPECTION

CORRECTION OF NONCONFORMING WORK

CLEAN UP

ACCESS TO WORK

OTHER CONTRACTS

SUBCONTRACTORS AND SUPPLIERS

WARRANTY OF CONSTRUCTION

INDEMNIFICATION

PART 6 – PAYMENTS AND COMPLETION

CONTRACT SUM

SCHEDULE OF VALUES

APPLICATION FOR PAYMENT

PROGRESS PAYMENTS

PAYMENTS WITHHELD

RETAINAGE AND BOND CLAIM RIGHTS

SUBSTANTIAL COMPLETION

PRIOR OCCUPANCY

FINAL COMPLETION, ACCEPTANCE, AND PAYMENT

PART 7 – CHANGES

CHANGE IN THE WORK

CHANGE IN THE CONTRACT SUM

CHANGE IN THE CONTRACT TIME

PART 8 – CLAIMS AND DISPUTE RESOLUTION

CLAIMS PROCEDURE

ARBITRATION

CLAIMS AUDITS

PART 9 – TERMINATION OF THE WORK

TERMINATION BY OWNER FOR CAUSE

TERMINATION BY OWNER FOR CONVENIENCE

PART 10 – MISCELLANEOUS PROVISIONS

GOVERNING LAW

SUCCESSORS AND ASSIGNS

MEANING OF WORDS

RIGHTS AND REMEDIES

CONTRACTOR REGISTRATION

TIME COMPUTATIONS

RECORDS RETENTION

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THIRD-PARTY AGREEMENTS

ANTITRUST ASSIGNMENT

HEADINGS AND CAPTIONS

DIVERSE BUSINESS PARTICIAPTION

MINIMUM LEVELS OF APPRENTICESHIP PARTICIPATION

SPECIAL CONDITIONS

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PART 1 - GENERAL PROVISIONS

DEFINITIONS

A. “Application for Payment” means a written request submitted by Contractor to A/E for payment of Work completed in accordance with the Contract Documents and approved Schedule of Values, supported by such substantiating data as Owner or A/E may require.

B. “Architect,” “Engineer,” or “A/E” means a person or entity lawfully entitled to practice architecture or engineering, representing Owner within the limits of its delegated authority.

C. “Change Order” means a written instrument signed by Owner and Contractor stating their agreement upon all of the following: (1) a change in the Work; (2) the amount of the adjustment in the Contract Sum, if any, and (3) the extent of the adjustment in the Contract Time, if any.

D. “Claim” means Contractor’s exclusive remedy for resolving disputes with Owner regarding the terms of a Change Order or a request for equitable adjustment, as more fully set forth in Part 8.

E. “Contract Award Amount” is the sum of the Base Bid and any accepted Alternates.

F. “Contract Documents” means the Advertisement for Bids, Instructions for Bidders, completed Bid Form, General Conditions, Modifications to the General Conditions, Supplemental Conditions, Public Works Contract, other Special Forms, Drawings and Specifications, and all addenda and modifications thereof.

G. “Contract Sum” is the total amount payable by Owner to Contractor, for performance of the

Work in accordance with the Contract Documents, including all taxes imposed by law and properly chargeable to the Work, except Washington State sales tax.

H. “Contract Time” is the number of calendar days allotted in the Contract Documents for achieving Substantial Completion of the Work.

I. “Contractor” means the person or entity who has agreed with Owner to perform the Work in accordance with the Contract Documents.

J. “Day(s): Unless otherwise specified, day(s) shall mean calendar day(s).”

K. “Drawings” are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, and may include plans, elevations, sections, details, schedules, and diagrams.

L. “Final Acceptance” means the written acceptance issued to Contractor by Owner after

Contractor has completed the requirements of the Contract Documents, as more fully set forth in Section 6.09 B.

M. “Final Completion” means that the Work is fully and finally complete in accordance with the

Contract Documents, as more fully set forth in Section 6.09 A.

N. “Force Majeure” means those acts entitling Contractor to request an equitable adjustment in the Contract Time, as more fully set forth in paragraph 3.05A.

O. “Notice” means a written notice that has been delivered to the authorized representative or officer of the addressed party by registered or certified mail, or by email as a PDF attachment.

Notices should clearly identify the project number and date of notice.

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P. “Notice to Proceed” means a notice from Owner to Contractor that defines the date on which the Contract Time begins to run.

Q. “Owner” means the state agency, institution, or its authorized representative with the authority to enter into, administer, and/or terminate the Work in accordance with the Contract Documents and make related determinations and findings.

R. “Person” means a corporation, partnership, business association of any kind, trust, company, or individual.

S. “Prior Occupancy” means Owner’s use of all or parts of the Project before Substantial Completion, as more fully set forth in Section 6.08 A.

T. “Progress Schedule” means a schedule of the Work, in a form satisfactory to Owner, as further set forth in Section 3.02.

U. “Project” means the total construction of which the Work performed in accordance with the Contract Documents may be the whole or a part and which may include construction by Owner or by separate contractors.

V. “Project Record” means the separate set of Drawings and Specifications as further set forth in paragraph 4.02A.

W. “Schedule of Values” means a written breakdown allocating the total Contract Sum to each principal category of Work, in such detail as requested by Owner.

X. “Specifications” are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

Y. “Subcontract” means a contract entered into by Subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind for or in connection with the Work.

Z. “Subcontractor” means any person, other than Contractor, who agrees to furnish or furnishes any supplies, materials, equipment, or services of any kind in connection with the Work.

AA. “Substantial Completion” means that stage in the progress of the Work when the construction is sufficiently complete, as more fully set forth in Section 6.07.

AB. “Work” means the construction and services required by the Contract Documents, and includes, but is not limited to, labor, materials, supplies, equipment, services, permits, and the manufacture and fabrication of components, performed, furnished, or provided in accordance with the Contract Documents.

ORDER OF PRECEDENCE

Any conflict or inconsistency in the Contract Documents shall be resolved by giving the documents precedence in the following order:

1. Signed Public Works Contract, including any Change Orders.

2. Supplemental Conditions.

3. Modifications to the General Conditions.

4. General Conditions.

5. Specifications. Provisions in Division 1 shall take precedence over provisions of any other

Division.

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6. Drawings. In case of conflict within the Drawings, large-scale drawings shall take precedence over small-scale drawings.

7. Signed and Completed Bid Form.

8. Instructions to Bidders.

9. Advertisement for Bids.

EXECUTION AND INTENT

Contractor Representations: Contractor makes the following representations to Owner:

1. Contract Sum reasonable: The Contract Sum is reasonable compensation for the Work and the Contract Time is adequate for the performance of the Work, as represented by the Contract Documents;

2. Contractor familiar with project: Contractor has carefully reviewed the Contract Documents, visited and examined the Project site, become familiar with the local conditions in which the Work is to be performed, and satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the surface and subsurface conditions and other matters that may be encountered at the Project site or affect performance of the Work or the cost or difficulty thereof;

3. Contractor financially capable: Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform Contractor’s obligations required by the Contract Documents; and

4. Contractor can complete Work: Contractor is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so.

PART 2 – INSURANCE AND BONDS

CONTRACTOR’S LIABILITY INSURANCE

General insurance requirements: Prior to commencement of the Work, Contractor shall obtain all the insurance required by the Contract Documents and provide evidence satisfactory to Owner that such insurance has been procured. Review of the Contractor’s insurance by Owner shall not relieve or decrease the liability of Contractor. Companies writing the insurance to be obtained by this part shall be licensed to do business under Chapter 48 RCW or comply with the Surplus Lines Law of the State of Washington. Contractor shall include in its bid the cost of all insurance and bond costs required to complete the base bid work and accepted alternates. Insurance carriers providing insurance in accordance with the Contract Documents shall be acceptable to Owner, and its A.M. Best rating shall be indicated on the insurance certificates.

A. Term of insurance coverage: Contractor shall maintain the following insurance coverage during the Work and for one year after Final Acceptance. Contractor shall also maintain the following insurance coverage during the performance of any corrective Work required by Section 5.16.

1. General Liability Insurance: Commercial General Liability (CGL) on an Occurrence Form.

Coverage shall include, but not be limited to:

a. Completed operations/products liability;

b. Explosion, collapse, and underground; and

c. Employer’s liability coverage.

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2. Automobile Liability Insurance: Automobile liability

B. Industrial Insurance compliance: Contractor shall comply with the Washington State Industrial Insurance Act and, if applicable, the Federal Longshoremen’s and Harbor Workers’ Act and the Jones Act.

C. Insurance to protect for the following: All insurance coverages shall protect against claims for damages for personal and bodily injury or death, as well as claims for property damage, which may arise from operations in connection with the Work whether such operations are by Contractor or any Subcontractor.

D. Owner as Additional Insured: All insurance coverages shall be endorsed to include Owner as an additional named insured for Work performed in accordance with the Contract Documents, and all insurance certificates shall evidence the Owner as an additional insured.

COVERAGE LIMITS

A. Insurance Coverage Certificates and Policies

The Contractor shall furnish acceptable proof of insurance coverage on the state of Washington Certificate of Insurance form SF500A, dated 07/02/92 or ACORD form, as well as copies of insurance policies.

B. Required Insurance Coverages

1. For a contract less than $100,000.00, the coverage required is:

a. Comprehensive General Liability Insurance – The Contractor shall at all times during the term of this contract, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death or property damage occurring or arising out of services provided under this contract. This insurance shall cover claims caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased as deemed necessary by the contracting parties, shall be:

Each Occurrence $1,000,000.00 General Aggregate Limits $1,000,000.00 (other than products – commercial operations) Products – Commercial Operations Limit $1,000,000.00 Personal and Advertising Injury Limit $1,000,000.00 Fire Damage Limit (any one fire) $50,000.00 Medical Expense Limit (any one person) $5,000.00

b. If the contract is for underground utility work, then the Contractor shall provide proof of insurance for that above in the form of Explosion, Collapse and Underground (XCU) coverage.

c. Employers Liability on an occurrence basis in an amount not less than $1,000,000.00 per occurrence.

2. For contracts over $100,000.00 but less than $5,000,000.00 the contractor shall obtain the coverage limits as listed for contracts below $100,000.00 and General Aggregate and Products – Commercial Operations Limit of not less than $2,000,000.00.

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3. Coverage for Comprehensive General Bodily Injury Liability Insurance for a contract over $5,000,000.00 is:

Each Occurrence $2,000,000.00 General Aggregate Limits $4,000,000.00 (other than products – commercial operations) Products – Commercial Operations limit $4,000,000.00 Personal and Advertising Injury Limit $2,000,000.00 Fire Damage Limit (any one fire) $50,000.00 Medical Expense Limit (any one Person) $5,000.00

4. For all Contracts – Automobile Liability: in the event that services delivered pursuant to this contract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Contractor-owned personal vehicles are used, a Business Automobile Policy covering at a minimum Code 2 “owned autos only” must be secured. If Contractor employee’s vehicles are used, the Contractor must also include under the Business Automobile Policy Code 9, coverage for non-owned autos. The minimum limits for automobile liability is: $1,000,000.00 per occurrence, using a combined single limit for bodily injury and property damage.

5. For Contracts for Hazardous Substance Removal (Asbestos Abatement, PCB Abatement, etc.)

a. In addition to providing insurance coverage for the project as outlined above, the Contractor shall provide Pollution Liability insurance for the hazardous substance removal as follows:

EACH OCCURRENCE AGGREGATE

$500,000.00 $1,000,000.00 or $1,000,000.00 each occurrence/aggregate bodily injury and property damage combined single limit.

i. Insurance certificate must state that the insurer is covering hazardous substance removal.

ii. Should this insurance be secured on a “claims made” basis, the coverage must be continuously maintained for one year following the project’s “final completion” through official completion of the project, plus one year following.

For Contracts where hazardous substance removal is a subcomponent of contracted work, the general contractor shall provide to the Owner a certificate of insurance for coverage as defined in 5a. above. The State of Washington must be listed as an additional insured. This certificate of insurance must be provided to the Owner prior to commencing work.

INSURANCE COVERAGE CERTIFICATES

A. Certificate required: Prior to commencement of the Work, Contractor shall furnish to Owner a completed certificate of insurance coverage.

B. List Project info: All insurance certificates shall name Owner’s Project number and Project title.

C. Cancellation provisions: All insurance certificates shall specifically require 45 Days prior notice to Owner of cancellation or any material change, except 30 Days for surplus line insurance.

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PAYMENT AND PERFORMANCE BONDS

Conditions for bonds: Payment and performance bonds for 100% of the Contract Award Amount, plus state sales tax, shall be furnished for the Work, using the Payment Bond and Performance Bond form published by and available from the American Institute of Architects (AIA) – form A312. Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15% or more, the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds. The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15% or more.

No payment or performance bond is required if the Contract Sum is $150,000 or less and the Contractor or General Contractor/Construction Manager agrees that Owner may, in lieu of the bond, retain 10% of the Contract Sum for the period allowed by RCW 39.08.010.

ALTERNATIVE SURETY

When alternative surety required: Contractor shall promptly furnish payment and performance bonds from an alternative surety as required to protect Owner and persons supplying labor or materials required by the Contract Documents if:

A. Owner has a reasonable objection to the surety; or

B. Any surety fails to furnish reports on its financial condition if required by Owner.

BUILDER’S RISK

A. Contractor to buy Property Insurance: Contractor shall purchase and maintain property insurance in the amount of the Contract Sum including all Change Orders for the Work on a replacement cost basis until Substantial Completion.