Small Works Project - INVITATION TO BID_June25 00020 Page 1 of 2 S2605 – Solids Handling Building Odor Scrubber Repair

SECTION 00020

INVITATION TO BID

Sealed bids for the following Contract will be received by Alderwood Water & Wastewater District (District) at the District’s Administration Building, Attn: Tina Holmes, 3626 156th Street SW, Lynnwood, WA 98087, until the time and date stated below.

Contract Title:

PPWWTF Solids Handling Building Odor Scrubber Repair

Contract Number: S2605

Bid Due Date/Time: November 10, 2026 - 9:00 am

Cost Estimate: $220,000

Bids received after such date and time will not be considered. Bidders accept all risks of late delivery, regardless of fault.

District is not responsible for any costs incurred in response to this Invitation to Bid.

The work under this Contract includes:

• Removal and disposal of existing spent media in the Solids Handling Building FRP carbon scrubber vessel

• Inspection of the FRP tanks and media beds

• Repair of FRP tanks and media beds as needed

• Procurement and installation of new dry media in Solids Handling Building FRP odor scrubber tank.

Bids shall be submitted in accordance with the Contract Documents. Bids shall constitute offers to the District, which shall be binding for 90 days from the date of bid opening. The District reserves the right to reject any bid, any portion of any bid and/or to reject all bids. The District further reserves the right, but without obligation, to waive informalities and irregularities. No bid will be considered unless accompanied by a bid guaranty (certified or cashier's check, surety bond, or postal money order) payable to Alderwood Water & Wastewater District in an amount not less than five percent (5%) of the Total Bid Price.

The District will not have bid documents available for purchase. Plans, specifications, addendums, and bid results will be available for download at the District website http://www.awwd.com. It is the responsibility of the bidder using the downloaded files to obtain and acknowledge addenda as identified in the Contract Documents.

Addendums will be issued by AWWD and distributed to the businesses solicited.

The District is an Equal Opportunity and Affirmative Action Employer. Small, Minority and Women-owned firms are encouraged to submit bids.

All work performed on this project will be subject to the State of Washington prevailing wage rates.

Small Works Project - INVITATION TO BID_June25 00020 Page 2 of 2 S2605 – Solids Handling Building Odor Scrubber Repair

All questions regarding this solicitation shall be submitted no later than October 30, 2026, at 9:00 am to the District’s Project Manager Lucy Truemper via email at ltruemper@awwd.com.

END OF SECTION

AWWD Small Works Agreement rev. 10/26 Page 1 of 6

S2605 PPWWTF Solids Handling Building Odor Scrubber Repair

ALDERWOOD WATER & WASTEWATER DISTRICT

SMALL WORKS CONTRACT

PPWWTF SOLIDS HANDLING BUILDING ODOR SCRUBBER REPAIR –

S2605

THIS AGREEMENT made and entered into by and between ALDERWOOD WATER & WASTEWATER DISTRICT ("DISTRICT"), and ____________________ a municipal corporation ("CONTRACTOR"), collectively referred to as “Parties”, shall be effective upon the authorized signatures of both Parties to this Agreement.

In consideration of the terms and conditions contained in this Contract and attached to it, the parties agree as follows:

1. Project. Contractor shall do all work and furnish all tools, materials, and equipment for the District's public works project known as PPWWTF SOLIDS HANDLING BUILDING ODOR SCRUBBER REPAIR ("Project") in accordance with and as more fully described in the Attachments.

2. Work. The term Work, as used in this Contract, means the construction and services necessary or incidental to fulfill Contractor's obligations in conformance with this Contract.

3. Project Cost. The District shall pay Contractor a Not to Exceed amount of ________________($____.__) plus Washington State sales tax ("Project Cost"). The Project Cost includes all costs associated with the Project, including, but not limited to labor, materials, overhead, administrative, and permit and regulatory costs, unless otherwise agreed to by the parties in writing.

4. Payment Terms. On or before last day of the month, Contractor shall submit a detailed monthly pay application for all services describing in reasonable and understandable detail the work completed during the previous month, the progress of the work, and the requested payment in an amount proportionate to the work completed. The District shall pay the pay application within forty-five (45) days after approval of the pay application, pursuant to the terms below:

Per RCW 60.28, the District shall withhold contract retainage using one of the following (contractors’ choice):

a) Retain 5% of each monthly pay application

b) Retainage bond

c) Escrow Agreement

AWWD Small Works Agreement rev. 10/26 Page 2 of 6

5. Equitable Adjustments. Contractor shall file a written notice for any equitable adjustment to the Project Cost within twenty-four (24) hours of the District's written change order or oral change order. No more than five (5) days thereafter, Contractor shall then file a written claim with the District, stating the amount claimed, supported by appropriate documentation. Failure to provide written notice and claim under the terms of this Contract constitutes waiver of such claim. In no case, shall a claim for equitable adjustment be allowed if submitted after the Project has reached final acceptance by the District.

6. Completion Deadline/Liquidated Damages. Contractor shall commence work under this Contract upon receipt of Notice to Proceed from the District. The Project must be completed no later than March 6, 2027. If the Project is not completed by such date, then, because of the difficulty in computing the actual damages to the District arising from any delay in completing the Project work, the parties determine in advance, it is agreed by the parties that Contractor shall pay the District $200 for each calendar day that the work remains incomplete after expiration of the specified completion date.

The parties agree that such amount represents a reasonable forecast of the actual damages the District will suffer by failure of the Contractor to complete the work within the agreed upon time. The execution of this Contract constitutes acknowledgement by the Contractor that the Contractor has ascertained and agrees that the District will actually suffer damages in the above amount.

7. Warranty. Contractor warrants that all materials and equipment shall be new unless otherwise specified, of good quality, and free from defective workmanship and materials. Contractor further warrants that the Work shall be free from defects in workmanship and material, and shall transfer to the District all written warranties related to the Work performed and equipment installed. Contractor guarantees payment of all obligations incurred in this Work until final acceptance of the Work and for two (2) years thereafter.

8. Prevailing Wages. The Contractor shall pay prevailing wages as required and shall comply with RCW 39.12 and RCW 49.28. Notice of intent to pay prevailing wages and prevailing wage rates for the Project must be posted for the benefit of workers.

At the completion of the Project, the Contractor and its subcontractors shall submit Affidavits of Wages Paid to the Department of Labor and Industries for certification.

Final payment on the Contract shall be withheld until the District receives certification from the Department of Labor and Industries that prevailing wage requirements have been satisfied.

9. Bond. Contractor shall provide a performance and payment bond for the faithful performance and payment of all its obligations under this Contract and in accordance with RCW 39.08.010. The performance bond shall remain in effect to guarantee the repair and replacement of defective equipment, materials, and workmanship and

AWWD Small Works Agreement rev. 10/26 Page 3 of 6 payment of damages sustained by the District on account of such defects, discovered within two (2) years after final acceptance by the District. If this Contract is for less than $150,000, Contractor authorizes the District, in lieu of a bond, to retain 10% of the Contract amount for a period of thirty days after the date of final acceptance as provided for under RCW 39.08.010.

10. Indemnification. To the maximum extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the District, its commissioners, officers, employees, and agents, from and against all demands, claims, losses, injuries, damages, liabilities, suits, judgment, attorneys' fees and costs, and other expenses of any kind on account of, relating to, or arising out of Contractor's work under this Contract, except to the extent such injuries or damages are caused by the negligence of the District. For the purposes of this indemnification, Contractor specifically and expressly waives any immunity granted under the Washington Industrial Insurance Act, Title 51 RCW. This waiver has been mutually negotiated and agreed to by the parties. If a court of competent jurisdiction determines that this contract is subject to RCW 4.24.115, Contractor's obligation to defend, indemnify, and hold harmless the District, its officers, employees, and agents shall be limited to the extent of the District's negligence. The provisions of this paragraph shall survive the expiration or termination of this Contract.

11. Insurance. Contractor shall obtain, and keep in force during the term of this Contract, insurance policies as follows:

a. Commercial General Liability. Limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and property damage. Coverage shall be as broad as Insurance Services Office form number (CG 00 01) covering Commercial General Liability.

b. Automobile Liability Insurance. Limits no less than $1,000,000.00 combined single limit per accident for bodily injury and property damage. Coverage shall be as broad as Insurance Services Office form number (CA 00 01) covering Business Auto Coverage, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9.

c. Workers’ Compensation. Statutory requirements of the State of residency.

Coverage shall be at least as broad as Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or “other States” State Law;

d. Employer’s Liability or “Stop Gap”. Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the general liability policy;

AWWD Small Works Agreement rev. 10/26 Page 4 of 6

e. The insurance policies shall specifically name the District, its elected or appointed officials, officers, employees, and volunteers as insureds with regard to damages and defense of claims arising from (1) activities performed by or on half of the Contractor; or (2) products and completed operations of the Contractor; or (3) premises owned, leased, or used by the Contractor.

f. The insurance policies (1) shall state that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (2) shall be primary insurance with regard to the District; and (3) shall state that the District will be given at least 30 days' prior written notice of any cancellation, suspension or material change in coverage.

g. Before commencing work and services, Contractor shall provide to the District a Certificate of Insurance evidencing the required insurance accompanied by endorsements as are necessary to comply with the requirements of this paragraph.

The District reserves the right to request and receive a certified copy of all required insurance policies.

h. Any payment of deductible or self-insured retention shall be the sole responsibility of Contractor.

12. Job Safety/Housekeeping. All work done shall be done in a manner that minimizes interruptions or inconvenience to the public and/or District staff. All work shall be carried on with due regard for the safety of the public, and Contractor shall maintain strict compliance with the appropriate provisions relating to control of traffic and pedestrians through work areas as set forth in the Manual on Uniform Traffic and Control Devices (current edition) as adopted by the Washington State Department of Highways. Property and streets adjacent to the Project site shall be kept free and clear at all times from accumulations of mud, dirt, gravel, rock, and other matter.

Contractor will be responsible for daily and final clean up and disposal of refuse, waste and debris produced by its operation. Refuse shall not be permitted to accumulate to the extent that it interferes with free access to the Project site. Should the District determine Contractor is not fulfilling its obligation in this regard, the District reserves the right to take such action as may be necessary, and to charge Contractor with any costs that may be incurred in such remedial action.

13. Compliance with Codes and Regulations. Contractor is expected to comply with all applicable statutes in performing Project Work, including, but not limited to all state and local laws, regulations, codes and standards that are applicable at the time Contractor performs work.

14. Permits, Taxes, Temporary Functions. Contractor shall secure and pay for all permits, fees and licenses necessary for the performance of this Contract. Contractor shall pay any and all federal, state and municipal taxes, including sales taxes, if any, for which Contractor may be liable in carrying out this Contract. Contractor shall be responsible for all temporary functions associated with its work, including but not

AWWD Small Works Agreement rev. 10/26 Page 5 of 6 limited to, lighting, wiring, protection, hoisting, scaffolding, rigging, flagman, drinking water, storage, ventilation and heat.

15. Termination. If Contractor: (1) fails to provide a sufficient number of properly skilled workers or a sufficient quantity of suitable materials or adequate equipment; (2) fails to diligently prosecute work according to the Project schedule; (3) causes, by act or omission, stoppage, delay, or interference of the Work; (4) fails to correct or repair any damaged or defective work or materials; (5) fails to comply with any provisions of this Contract; (6) become insolvent or adjudged bankrupt; or (7) fails to make prompt payment to lower tier subcontractors or suppliers, then the District may terminate this Contract upon written notice to the Contractor.

16. General Provisions.

a. Notices. Any notice or demand desired or required to be given under this Contract shall be in writing and deemed given when personally delivered, or deposited in the United States Mail (or with an express courier), postage prepaid, sent certified or registered mail, and addressed to the parties as set forth below or to such other address as either party shall have previously designated by such a notice:

District:

Alderwood Water & Wastewater District 3626 – 156th Street SW Lynnwood, WA 98087 Attn: __________________________

Contractor:

Attn: __________________________

b. Entire Agreement. This Contract and its attachments contain the entire understanding between the District and Contractor relating to the Project which is the subject of this Contract. This Contract merges all prior discussions, negotiations, letters of understanding or other promises whether oral or in writing.

Subsequent modification or amendment of this Contract shall be in writing and signed by the parties to this Contract.

c. Modification. No modification of this Contract and no waiver of rights under this Contract shall be valid or binding on the parties unless the same is in writing.

d. Waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Contract.

e. Assignment. Neither party shall assign, transfer or otherwise dispose of this Contract in whole or in part to any individual, firm or corporation without the prior written consent of the other party. Subject to the provisions of the preceding

AWWD Small Works Agreement rev. 10/26 Page 6 of 6 sentence, this Contract shall be binding upon and endure to the benefit of the respective successors and assigns of the parties hereto: This Contract is made only for the benefit of the District and the Contractor and successors in interest and no third party or person shall have any rights hereunder whether by agency or as a third-party beneficiary.

f. Severability. If any term, covenant or condition of this Contract is held by a court of competent jurisdiction to be invalid, the remainder of this Contract shall remain in effect.

g. Dispute Resolution. If any dispute, controversy, or claim arises out of this Contract, the parties agree to first try to settle the dispute, controversy, or claim in non-binding mediation with the assistance of a recognized professional mediation service. The parties shall each designate a representative with full settlement authority who will participate in the mediation. The parties shall bear all expenses associated with the mediation equally, except for attorneys' fees.

h. Jurisdiction/Law. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. Any suit to enforce or relating to this Contract shall be brought in Snohomish County Superior Court, Snohomish County, Washington.

i. Attorneys' Fees. In the event that any party commences litigation against the other party relating to the performance, enforcement or breach of this Contract, the prevailing party in such action shall be entitled to all costs, including attorneys' fees and costs and any such fees or costs incurred on appeal.

ALDERWOOD WATER &

WASTEWATER DISTRICT ("DISTRICT")

("CONTRACTOR")

By

Typed Name

Its

Phone:

Date:

By

Typed Name

Its

Phone:

Date:

WA Contractor's License No.

Attachment A

S2605 – PPWWTF Solids Handling Building Odor Scrubber Repair

Contract Documents

PPWWTF Solids Handling Building Odor Scrubber Repair Table of Contents - 1 Contract No S2605 October 2026

Table of Contents – Attachment A

00100 INSTRUCTION TO BIDDERS

00200 CHECKIST FOR BIDDERS

00300 FORM OF BID

00305 WAGE LAW COMPLIANCE CERTIFICATION

00310 BID GUARANTY BOND

00420 PERFORMANCE AND PAYMENT BOND

00440 QUALIFICATIONS INFORMATION

00510 RETAINAGE FORMS

SMALL WORKS INSTRUCTBID_Sept26 Page 1 of 10 S2605 PPWWWTF Solids Handling Building Odor Scrubber Repair

SECTION 00100

INSTRUCTIONS TO BIDDERS

SECTION 1: GENERAL BIDDING CONSIDERATIONS

1.01 EXAMINATION OF CONTRACT DOCUMENTS AND REGULATIONS

1.02 ADDENDA & CLARIFICATION OF CONTRACT DOCUMENTS

1.03 INSPECTION OF WORK SITE

1.04 WAGES

1.05 PROGRESS AND COMPLETION

1.06 PREVENTION OF ENVIRONMENTAL POLLUTION AND PRESERVATION OF PUBLIC NATURAL

RESOURCES

1.08 NON-DISCRIMINATION IN CONTRACTING

1.09 RECYCLED PRODUCTS

1.10 “OR EQUAL” REQUESTS

SECTION 2: PREPARATION AND SUBMITTAL OF BIDS

2.01 GENERAL

2.02 BID PRICE

2.03 TAXES – RETAIL SALES

2.04 BID GUARANTY

2.05 ACKNOWLEDGEMENT OF ADDENDA

SECTION 3: BID EVALUATION AND REJECTION

3.01 OPENING AND POSTPONEMENT OF OPENING/SUBMISSION OF RESPONSIBILITY

EVIDENCE

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 RESPONSIBILITY OF BIDDERS

3.07 SINGLE BID RECEIVED

3.08 REJECTION OF BIDS

3.09 COLLUSION

3.10 PROTEST PROCEDURES

SECTION 4: AWARD AND EXECUTION OF CONTRACT

4.01 GENERAL

4.02 PERFORMANCE AND PAYMENT BONDS

4.03 INSURANCE

4.04 RETURN OF BID GUARANTIES & ESCROW DOCUMENTATION

SMALL WORKS INSTRUCTBID_Sept26 Page 2 of 10

SECTION 00100 - SMALL WORKS PROJECT

INSTRUCTIONS TO BIDDERS

SECTION 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, drawings, addenda (if any) and other requirements, which are contained in this solicitation package.

B. Each Bidder has an obligation to notify Alderwood Water & Wastewater District (herein after also referred to as “District”), in writing and prior to bid opening, of any ambiguity or inconsistency in or between the Contract Documents. Failure to notify the District prior to bid opening of any such ambiguity or inconsistency the Bidder discovered or may have discovered may result in the waiver of any and all rights of the Bidder to claim additional time or compensation, if the District executes the Contract (i.e., the District signs the Small Works Agreement), relating to or arising from the ambiguity or inconsistency.

C. The submittal of a bid shall constitute an acknowledgment upon which the District 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 may 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 which is based upon a lack of knowledge or misunderstanding of any of the Contract Documents, statutes, ordinances, regulations, permit requirements, or other materials referenced or incorporated herein.

1.02 Addenda & Clarification of Contract Documents

A. No oral clarification or interpretations will be made to any Bidder as to the meaning of the Contract Documents. Requests for clarifications shall be made in writing (via e-mail or delivery) to the District’s Project Representative identified in the Invitation to Bid (“ITB”) at least seven (7) working days before the bid opening date. Questions requiring a response are due no later than 9:00am on October 30, 2026.

B. Clarifications by the District’s Project Representative will be in the form of addenda to the Contract Documents and when issued will be uploaded to AWWD.com. All such addenda upon issuance by the District’s Project Representative are part of the Contract Documents and any subsequently executed Contract. Bidders shall not rely upon any oral statements or conversations, whether at the pre-bid conference or otherwise, they may have with District employees, agents, or representatives regarding the Contract Documents.

1.03 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 adequate increases in such wages during the performance of this Contract. Bidders must comply with the most current prevailing wage rates.

SMALL WORKS INSTRUCTBID_Sept26 Page 3 of 10

1.04 Progress and Completion

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

1.05 Prevention of Environmental Pollution and Preservation of Public Natural Resources

A. If a Contract is executed by the District, 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.

B. No construction related activity shall contribute to the degradation of the environment, allow material to enter surface or ground waters, or allow particulate emissions to the atmosphere, which exceed state or Federal Standards. Any actions that potentially allow a discharge to State Waters must have prior approval of the State of Washington, Department of Ecology.

1.06 Non-Discrimination in Contracting

A. The District encourages equal employment opportunities and an equal opportunity for all businesses to participate in providing goods and services to the District.

1.07 Recycled Products

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 is more than fifteen percent higher than the cost of non-recycled paper, the Contractor shall notify the District, 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.

1.08 “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 District’s Project Representative upon the Contractor's request for “or equal” determination.

B. Bidders (not subcontractors, suppliers, or materialmen) may submit written requests for approval of an “or equal” determination during the bidding period. Requests must be submitted to the District’s Project Representative, identified in Section 00020, no later than ten (10) days prior to the date of bid opening. Proposed “or equal” products, materials, or equipment not added to the technical specifications by addenda five (5) days before bids are due shall be considered having been rejected as not equal.

C. Under no circumstances will a substitution 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 to enable the District’s Project Representative to review the product documentation and determine if the products, materials, or equipment are “equal”.

Bidder shall provide any additional documentation requested by the District’s Project Representative in a prompt and timely manner.

SMALL WORKS INSTRUCTBID_Sept26 Page 4 of 10

SECTION 2: PREPARATION AND SUBMITTAL OF BIDS

2.01 General

A. Bids shall be made on the attached Bid Form (Section 00300). The completed forms, listed in the Checklist of Bidding Forms, constituting the bid shall be enclosed in a sealed envelope addressed to Alderwood Water & Wastewater District, Attn: Tina Holmes, 3626 156th Street SW, Lynnwood, WA 98087, and labeled with the Contract Number, Contract Title, and the Bidder's name. The remainder of the Contract Documents do not have to be submitted. Bidders are warned against making erasures or alterations of any kind to the bid. 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. District is not responsible for any cost incurred in response to this ITB.

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

2.02 Bid Price

A. The bid price shall include everything necessary for the prosecution and completion of the work and fulfillment of the Contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendents, labor and services, and field design, except as may be provided otherwise in the Contract Documents.

B. Estimated quantities, if any, set forth on the Form of Bid are estimates only, being given only as a basis for the comparison of bids, and the District does not warrant, expressly or by implication, that the actual amount of Work will correspond to the estimated quantities. The District reserves the right to increase or decrease the amount of any class or portion of the Work and to make changes in the Work as the District may deem necessary or appropriate. The basis of payment for unit price bid items for which estimated quantities were set forth on the Form of Bid shall be the actual number of unit items provided or performed under this Contract.

C. All prices shall be in legible figures written in ink or typed. Lump sum bid items and unit price bid items shall be stated in United States of America dollars and cents omitting digits more than two places to the right of the decimal point (e.g., $720.74).

2.03 Taxes – Retail Sales

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

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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 2.03, 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 District 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 District under this Contract because of any misunderstanding by or lack of knowledge of the Bidder/Contractor as to liability for, or the amount of, any taxes for which the Bidder/Contractor is liable or responsible by or under this Contract or because of any increases in tax rates imposed by any federal, state or local governments.

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

2.04 Bid Guaranty

A. The bid shall be accompanied by a bid deposit in the amount equal to at least 5% of the Total Bid Price. The bid deposit shall be in one of the following formats and made payable to ALDERWOOD WATER & WASTEWATER DISTRICT: (1) a bid guaranty bond, using the form included in this ITB, 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 required bid guaranty shall render the bid non-responsive and the bid shall be rejected.

B. The amount payable to the Alderwood Water & Wastewater District 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 District in case of a failure or neglect of the Bidder to furnish, execute and deliver to the District the required Performance and Payment Bond and evidences of insurance and to enter into, execute and deliver to the District the Contract on the form provided in the Contract Documents within ten (10) calendar days after being notified in writing by the District that the Bidder has been selected and the Contract is ready for execution by the Bidder. Forfeiture of the bid guarantee shall not limit the District’s right to recover damages from the Bidder caused by the Bidder’s failure to execute the Contract.

C. The District will return bid guarantees of all bidders once a contract has been executed for this work.

2.05 Acknowledgement of Addenda

A. Each Bidder shall include on the Form of Bid (Section 00300) specific acknowledgment of receipt of all addenda issued during the bidding period.

SECTION 3: BID EVALUATION AND REJECTION

3.01 Opening and Postponement of Opening/Submission of Responsibility Evidence

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

B. The time clock located in the District’s front desk is the official bid clock for this solicitation. Timeliness of bid submittals will be determined using only this clock.

C. As evidence that the bidder meet the supplemental bidder responsibility criteria in Section 00440, the apparent low bidder (and, if requested by District, the next low apparent bidder) must submit documentation establishing compliance with such criteria within three (3) business days after the District requests submission of responsibility information.

SMALL WORKS INSTRUCTBID_Sept26 Page 6 of 10

D. If the District determines the Bidder does not meet the Bidder responsibility criteria and is therefore not a responsible Bidder, the District shall notify the Bidder in writing with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of receipt of the District’s determination by presenting additional information to the District. The District will consider the additional information before issuing its final determination.

If the final determination affirms that the Bidder is not responsible, the District will not execute a contract with any other Bidder until two business days after the Bidder determined to be not responsible has received the final determination.

3.02 Modification and Withdrawal of Bids

A. Modifications or withdrawal of bids already received will be considered only if the requested modification or withdrawal is made prior to the scheduled closing time for the receipt of the bids. All modifications or withdrawals must be made in writing, over the signature of the Bidder.

3.03 Bid Extension

A. The District reserves the right 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 District 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 District for mathematical accuracy.

B. The District, in its sole discretion, reserves the right to waive minor bid errors, informalities, and immaterial irregularities when it is in the District’s best interest.

C. The District reserves the right to correct arithmetical errors and discrepancies between unit prices and extended amount and/or written words or numbers under the following circumstances:

1. Existence of the arithmetical error and/or discrepancy is ascertainable from the face of the bid;

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

3. Correction of the arithmetical error and/or discrepancy does not result in displacement of a low Bidder.

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 District supporting evidence for such claim including cost breakdown sheets. The District reserves the right to require the submittal of other bid records or information as the District may deem necessary to evaluate the Bidder’s claim of error, or any error as may be identified by the District during its review of the bid.

F. Any review by the District of a bid and/or any review of such a claim of bid error (including supporting evidence) creates no duty or liability on the District 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. Bids will be evaluated by the District to determine which bid is the lowest, responsive bid by a responsible Bidder.

B. Bid evaulation will include evaluation of bidder’s compliance with the supplemental bidder responsibility criteria in the Qualifications Information document.

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C. Within the period after the opening of bids stated in the ITB, the District will either issue a Notice of Selection, reject all bids, or take such other action as may be in its best interest. A written Notice of Selection will be delivered to the Bidder by email, will be evidence the selection is of the lowest responsive and responsible bid.

D. Bid results will be posted on the District’s website, generally within 24 hours of bid submission at http://www.awwd.com.

3.06 Responsibility of Bidders

A. In order to demonstrate bidder responsibility, after bids have been opened, certain Bidders will be required to submit responsibility information identified in Section 00440. This information may be used to determine Bidder responsibility. Unless otherwise specified, three (3) days (excluding District holidays, Saturdays and Sundays) after the District requests submission of responsibility information, the Bidder shall promptly prepare, complete, and submit any requested information to the District.

This period may be extended by the District. In the event a Bidder refuses to provide information requested, or other information requested by the District, the Bidder's bid bond may be forfeited and the Bidder may be rejected as not responsible.

B. The District in its sole discretion will determine whether the Bidder is responsible based on the mandatory and supplemental criteria identified in Section 00440, and any information provided by the Bidder or acquired by the District. In the event the District finds the Bidder’s responsibility information lacking in any of these areas, the District may at its sole option provide the Bidder with a limited opportunity to correct the deficiency by providing additional project examples, proposing other project personnel, or taking other appropriate measures.

C. The District reserves the right to investigate the qualifications of any Bidder, including but not limited to, contacting any reference or any third party to verify the Bidder is qualified to successfully complete the contemplated work. As a part of its investigation, the District further reserves the right to inspect records, reports, and other information to verify, clarify, or otherwise investigate the Bidder’s responsibility. The District reserves the right to require the Bidder to provide additional information as needed.

3.07 Single Bid Received

A. If the District receives a single responsive, responsible bid, the District shall have the right, in its sole discretion, to extend the bid acceptance period for an additional 45 days and 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 District to assist in cost and price analysis. By conducting such analysis, the District shall not be obligated to accept the single bid; the District 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.

3.08 Rejection of Bids

A. Bidders are advised that the District reserves the right to reject any and all bids at any time. The District also reserves the right to not execute the Contract even after the notice of selection has been issued. 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 District’s decision to cancel the procurement or refusal to execute a contract.

B. The District may reject any bid, any portion of any bid or all bids for any reason including, but not limited to: any bid which contains any omission, erasure or irregularity; any bid which has any

SMALL WORKS INSTRUCTBID_Sept26 Page 8 of 10 qualification, addition, limitation, or provision attached to or contained in the bid; any bid lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Form of Bid; any bid in which prices are unbalanced in the opinion of the District; any bid accompanied by insufficient or irregular bid guaranty; any bid found non-responsive by the District; any Bidder found by the District to be not responsible; any bid for which a Bidder fails or neglects to complete and submit any qualifications information within the time specified by the District and as may be otherwise required herein; and, any bid submitted by a Bidder who is not registered or licensed as may be required by the laws of the state of Washington. In consideration for the District's review and evaluation of its bid, the Bidder waives and releases any claims against the District arising from rejection of any or all bids.

3.09 Collusion

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

3.10 Protest Procedures

A. Form of Protest: In order to be considered, a Protest shall be in writing, addressed to the Capital Program Manager of Alderwood Water & Wastewater District. A copy of the Protest shall be provided to the District’s Project Representative identified in the ITB. The protest shall include the following:

1. The name, address, and phone number of the Bidder protesting, or the authorized representative of the Bidder;

2. The Contract Number and Project Name under which the Protest is submitted;

3. A detailed description of the specific grounds for Protest and any supporting documentation. It is the responsibility of the Protesting Bidder to supplement its Protest with any subsequently discovered documents prior to the Capital Program Manager’s decision;

4. The specific ruling or relief requested; and

5. Evidence that all persons with a financial interest in the procurement have been given notice of the Protest or if such persons are unknown, a statement to that effect.

B. Who May Protest.

1. Protests based on specifications: Any prospective Bidder.

2. Protests following Bid opening: Any Bidder who submitted a bid and can demonstrate a substantial financial interest in award of a Contract.

C. Time to Protest.

1. Protests based on specifications or other terms in the Contract Documents which are apparent on the face of said documents must be received by the District no later than ten (10) calendar days prior to the date established for submittal of Bids; provided however, if the tenth calendar day is a weekend or District holiday, the Protest must be received by noon the following business day.

2. The District must receive protests based on other circumstances within three (3) calendar days after the protesting Bidder knows or should have known of the facts and circumstances upon which the Protest is based; provided however, if the third calendar day is a weekend or District holiday, the Protest must be received by noon the following business day.

3. In no event shall a Protest be considered if all bids are rejected or after execution of the Contract.

D. Determination of Protest. Upon receipt of a timely written Protest, the Capital Program Manager shall investigate the Protest and shall respond in writing to the Protest prior to contract execution. Except as provided below, the decision of the Capital Program Manager shall be final.

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E. Reconsideration of Capital Program Manager's Decision. A financially interested Bidder may request that the Capital Program Manager’s adverse decision be reviewed by the General Manager of the District on a reconsideration basis only. The only justification for reconsideration are: (1) new data, relevant to the underlying grounds for the Protest and unavailable at the time of the Protest to the Manager; or (2) the Capital Program Manager made an error of law or regulation. The following procedures shall be followed for a reconsideration of the Capital Program Manager's decision:

1. Form of Request for Reconsideration. In order to be considered, a Request for Reconsideration must be filed with the General Manager in writing, with a copy provided to the District Project Representative, and include:

(a) Name, address, and telephone number of the person protesting or their authorized representative;

(b) A copy of the written decision of the Capital Program Manager; and

(c) Include all pertinent facts and law on which the Bidder is relying.

2. Time for filing Request for Reconsideration. The financially interested Bidder must file the Request for Reconsideration no later than two (2) business days after receiving the Capital Program Manager's decision.

3. Review of Capital Program Manager's Decision. Upon receipt of a Request for Reconsideration, the General Manager or his/her designee shall review (1) the information submitted to and reviewed by the Capital Program Manager's and (2) the decision of the Capital Program Manager's and shall thereafter issue a final determination in writing regarding the Request for Reconsideration. No other information will be reviewed unless the basis for the request for reconsideration is new data.

4. Contract Execution. If a timely Request for Reconsideration is filed, the District will not execute a contract any sooner than two (2) business days after issuance of the final determination regarding the Request for Reconsideration.

F. Failure To Comply. Failure to comply with the procedures set forth herein may render a Protest untimely or inadequate and may result in rejection thereof by the District.

G. Exhaustion of Administrative Remedies. As a mandatory condition precedent to initiating a lawsuit against the District, a Bidder shall comply with the Protest and Reconsideration Procedures defined herein.

H. Venue. By submitting a bid in response to the Invitation to Bid and for the convenience of the parties, the Bidder acknowledges and agrees that a lawsuit or action related to or arising out of this procurement shall be brought in the Superior Court of Snohomish County, Washington.

SECTION 4: AWARD AND EXECUTION OF CONTRACT

4.01 General

A. Within the stated number of days after the bid opening date set forth in the ITB, the District will either accept a bid, reject all bids, or take such other action as may be in its best interest. The District reserves the right to request extensions of the bid acceptance period.

B. Within ten (10) calendar days after the Bidder receives written Notice of Selection, the selected Bidder shall sign the…