Standby_Generator_Maintenance___Response.pdf

CITY OF MERCER ISLAND

INVITATION TO BID

2026-ITB-029

STANDBY GENERATOR MAINTENANCE & RESPONSE

RELEASE DATE: September 2, 2026

RESPONSE DEADLINE: September 23, 2026, 4:00 pm

Please refer to the project timeline in this document for all important deadlines.

Table Of Contents

1. INVITATION TO BID

2. TIMELINE

3. SCOPE OF WORK

4. INSTRUCTIONS TO BIDDERS

5. BIDDER'S CHECKLIST

6. PREVAILING WAGES

7. BID FORM

8. REQUIRED BID FORMS

9. GENERAL TERMS AND CONDITIONS

10. ATTACHMENTS

A - Sample Small Public Works Contract 10.06.2025

B - Performance Bond

C - Payment Bond

D - Retainage Agreement

E - W-9 Form_3.2024

F - Sample Certificate of Insurance

G - Generator Maintenance Project Map

H - Generator List Complete 2026

1. INVITATION TO BID

1.1. Notice

Project Title: Standby Generator Maintenance & Response

Bid Number: 2026-ITB-029

Engineers Estimated Cost: $231,630

The City of Mercer Island, WA is seeking Bids for Standby Generator Maintenance & Response. Bidders shall submit their bids through the Procurement Portal at https://procurement.opengov.com/portal/mercerislandwa. Sealed bids must be received electronically by the

City no later than 4:00 pm on Wednesday, September 23, 2026. Contractors must allow time for the electronic transmission to complete to avoid a late submittal. There will be no public bid opening for this project. Bid results will be posted on the Procurement Portal.

Project Information:

Work to be performed under this contract includes but is not limited to: Providing all labor, supervision, equipment, miscellaneous tools and materials, and technical expertise necessary to perform complete testing, inspection, maintenance, repair, and emergency services on twenty-four (24) standby generators located at various locations on the Island.

General Contract Information:

The purpose of this request is to establish through a competitive solicitation process utilizing the MRSC Small

Works Roster, a contract that will be used for this scope of work. Only contractors listed in the Small Works roster under the Power Production category and Generator sub-category, as of the advertisement release date, are eligible to submit bids.

Term:

The City will award the Contract based on the lowest evaluated bid using the unit prices and estimated quantities provided in the Bid. For budgeting purposes, funding for this Contract is provided annually. The City will allocate no more than $70,000 per year, plus applicable sales tax, resulting in a total authorized amount not to exceed $210,000, plus sales tax, over the full three-year term Actual payment to the Contractor will be made only for work performed at the unit prices submitted in the Bid, and the actual amount paid may be less than or greater than the evaluated bid depending on the work authorized. If additional work arises during the

Contract term, the City reserves the right to increase the not to exceed Contract amount through a Change

Order. Continuation of this Contract beyond the current fiscal year is contingent upon appropriation of funds;

if future year funds are not appropriated, the City may terminate the Contract without penalty. Work under this Contract may begin as soon as the Contract is executed, but all work for the 2026 portion of the Contract must be completed by December 31, 2026.

Questions:

Contractor questions are to be submitted through the Procurement Portal. The City will receive questions until

12:00 pm on Thursday, September 17, 2026. Questions received after this date will not be answered. All https://procurement.opengov.com/portal/mercerislandwa questions and responses will be posted in an addendum by Friday, September 18, 2026 through the

Procurement Portal.

Additional Information:

The City reserves the right to reject any and all proposals and to waive minor irregularities.

Title VI:

The City of Mercer Island, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.

2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of

Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49

CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

2. TIMELINE

The City will use the following timeline to evaluate bids and initiate a contract in response to this solicitation.

Invitation Date: September 2, 2026

Question Submission Deadline: September 17, 2026, 12:00pm

Question Response Deadline: September 18, 2026, 12:00pm

Bid Due Date: September 23, 2026, 4:00pm

3. SCOPE OF WORK

3.1. Scope of Services

Scope

A. Contractor shall provide all labor, supervision, equipment, miscellaneous tools and materials, and technical expertise necessary to perform complete testing, inspection, maintenance, repair and emergency services on twenty-four (24) standby generators located at various locations on the Island.

B. Contractor shall furnish all equipment required for these services in accordance with industry standards. All material and equipment supplied shall be new and of the highest quality and condition.

C. Any details of service not explicitly stated in this scope of services, but considered customary and accepted in accordance with industry standards, shall be provided to the City by the awarded contractor.

D. Generator locations and specifications are provided as attachments to this ITB.

Contractor Requirements

A. All Contractors shall be qualified to test and service the equipment in accordance with the National Fire Protection

Association (NFPA) and manufacturer's requirements.

B. All testing, inspection, and maintenance services shall be per NFPA 110, Standards for Emergency and Standby Power

Systems, most current edition.

C. The Contractor shall have experience testing and servicing standby, commercial/industrial generators for a minimal period of at least three (3) years.

D. The City will secure all necessary ROW permits at no cost to the Contractor. The Contractor shall be responsible for meeting all the requirements of the approved ROW permit, to include providing all traffic control for sites impacting the traveled ROW. Traffic control shall meet WSDOT standard plan TC5 for Shoulder Closure – Low Speed, or equivalent.

E. The Contractor shall follow all confined space procedures based on their business practices and use their sole discretion to determine if a space can be de-classified according to their safety program.

F. The Contractor shall be responsible for providing and following their own established confined space entry equipment, procedures, and personnel. The City will NOT be responsible for providing personnel to act as confined space attendant.

7. The Contractor must be able to provide timely service as described in this proposal and maintain adequate stock of replacement parts inventory in order to meet the service requirements of the City.

G. The Contractor is required to submit an inspection sheet after the performance of each preventative maintenance service. This sheet shall include the results of each inspection, any corrective action taken and any recommended action to be taken.

H. The Contractor will supply a detailed report for each emergency service or repair. This report must contain a description of the problem and any corrective action taken.

I. All work shall be performed in a safe and professional manner and the work area shall be left in a neat and clean condition.

J. All generator inspections and load bank tests shall occur during these normal business hours, Monday through Friday between the hours of 7:00 am and 3:30 pm.

K. Inspections and Load Bank tests can be arranged based on the Contractor’s schedule, but Contractor will need to notify the City 2 weeks prior to when the inspection date will happen.

L. Preventative maintenance services shall be completed by October 15th of each year.

Starting System

A. Clean batteries and cables.

B. Check and record specific gravity if batteries are lead-acid or, check and record voltage readings if batteries are nickel-cadmium.

C. Check for proper starter operations, noting any usual noises.

D. Check for proper cranking motor disconnect.

E. Replace plugs, points, cap, rotor, condenser, clean as required. Check all connections in fuel, oil, cooling, battery, and exhaust systems.

F. Inspect spark plugs, magneto and coils.

Battery Charging System

A. Check battery charger for proper operation.

B. Check battery charging alternator for proper output.

C. Tighten and clean all battery connections.

D. Check electrolyte level and fill.

Fuel System

A. Check engine and supply system for any fuel leaks.

B. Check operation of day tank pump and float switch.

C. Check electrical and piping connections to day tank.

D. Drain condenser from the bottom of the day tank.

E. Change fuel filters

F. Take sample of fuel for analysis [one (1) per year] and submit written report of the results of the analysis and recommend appropriate action.

G.

Fuel treatment (add stabilizer and biocide to fuel tanks)

Lube Oil System

A. Check engine oil level.

B. Check engine oil pressure.

C. Take sample of lube oil for analysis [one (1) per year] and submit written report of the results of the analysis and recommend appropriate action.

D. Change lube oil filter annually.

E. Visual inspection of crankcase breather.

Air Intake System

A. Check air cleaner condition. Replace air filters.

B. Check turbocharger for excessive end play.

C. Listen for any unusual noises from this area.

D. Check air intake louvers for proper operation.

E. Insure that air intake flow is not unduly restricted.

Exhaust System

A. Inspect exhaust silencer, flexible connection, exhaust piping and manifold.

B. Visually check exhaust outlet for excessive smoking.

C. Visually check crankcase breather for excessive smoking.

Cooling System

A. Check coolant level.

B. Check for proper amount of anti-freeze.

C. Check radiator core for obstruction or buildup of foreign matter.

D. Check general condition of engine coolant.

E. Check all belts for wear and proper tension.

F. Check all hoses for cracks and brittleness.

G. Check jacket water heaters and thermostats for proper operation.

H. Take sample of coolant for analysis [one (1) per year] and submit written report of the results of the analysis and recommend appropriate action.

Speed Control System

A. Check governor rods and linkage for loose or worn parts.

B. Check governor operation under load.

C. Tighten loose wiring connections and note any potential problems.

Safety System

A. Test over speed device.

B. Test water temperature contactor.

C. Test lube oil pressure contactor.

D. Test over crank device.

A.C. Power Generator

A. Make a general inspection of all electrical connections on regulator and generator.

B. Grease bearings if necessary.

C. Check and adjust voltage regulator.

D. Inspect slip rings.

Engine Control Panel

A. Inspect all electrical connections and tighten where necessary.

B. Inspect condition of relay contacts.

C. Thoroughly clean control panel.

D. Check operation of all lights and replace any indicator lights not working.

E. Replace any blown fuses.

F. Check operation of main circuit breaker and leave in "READY" position.

General

A. Carefully inspect engine for leaks or deterioration.

B. Make note of any unusual sounds during walk-around inspections.

C. Check and adjust voltage and frequency.

D. Add engine fluids as required.

E. Grease necessary fittings.

F. General maintenance on jacket water heaters, engine plumbing, etc.

Fluid Change

A. One (1) engine oil and oil filter change per year.

B. Coolant change as requested by owner.

Load Testing

A. 2 hrs @ 100% factory rated output

B. Check lube oil pressure

C. Check water temperature

D. Check Frequency

E. Check current (all three phases)

F. Check voltage (all three phases)

G. Check Kilowatts

H. Check auto start - stop move

I. Check operation of transfer switch when requested by owner.

Emergency and Incidental Repair Service

A. Repair service shall be defined to include all corrective and incidental work needed to maintain proper operation of the equipment as identified by the annual inspections, and/or recommended by the manufacturer, and/or as requested by the City, excluding those services covered by NFPA Testing and Inspection Service (Preventative

Maintenance Tasks).

B. The contractor awarded Emergency and Repair Service under this proposal for each facility shall maintain a twenty-four (24) hour, seven (7) day per week emergency service coverage and a telephone number manned by personnel employed by the Contractor. Contractors must respond by phone within one (1) hour of notification, and be on site within four [4] hours of notification to attend to the respective equipment malfunction and/or failure. Serious equipment and/or system deficiencies or failures must be immediately reported to the City’s representative or designee.

C. Emergency and Incidental Repairs shall only be performed with the authorization of an authorized City

Representative.

D. Estimated quantities included on the bid form are for bid evaluation purposes only. Actual Emergency and Incidental

Repair Service shall be billed separately on a time and material basis. Additional charges for travel time, mileage, fuel, and travel expenses shall not be allowed. Labor, travel, mileage, fuel, and/or truck charges shall be combined as one labor rate. The City will not accept nor authorize payment for travel time or expense of service personnel to any of the City locations. Labor hours shall accrue to the nearest quarter hour.

E. Replacement parts must be original manufacturer or meet original manufacturer specification. The Contractor is required to replace defective or failed parts with the same OEM brand (“like for like”) unless otherwise authorized and instructed by the City’s authorized designee. Replacement parts must be stocked locally and be available within twenty-four (24) hours. For UL listed parts, the Contractor will be responsible for replacing UL listed components with other UL listed components so as to maintain the entire system’s UL rating. Replacement parts no longer covered by manufacturer warranty shall be paid for after installation and successful testing. All replacement parts, where applicable, shall be dated using a black permanent marker.

F. The City may, at their discretion, call an OEM factory authorized contractor for emergency repair and/or trouble-shooting, or any other service work for those components specific to the manufacturer requiring special knowledge and/or tools for expediency in restoring equipment to full service. The agency assumes responsibility for costs associated for this type of "non contract" service, and payments for this type of service shall be made directly to the

OEM factory authorized contractor.

Information on Generators

A. The generator specifications attached to this ITB may be incomplete and/or inaccurate. The Contractor shall, over the course of the Contract, confirm the generator specifications provided and submit to the City a complete and accurate record.

B. The date of last service for all sites was July 2025.

4. INSTRUCTIONS TO BIDDERS

4.1. Eligibility to Bid

It is the intent of the City to award a contract to the lowest responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. To be eligible to bid, each Bidder must, at the time of the bid submittal:

A. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW; and

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

C. If applicable:

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

2. Have a Washington Employment Security Department number, as required in Title 50 RCW; and

3. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; and

4. Have an electrical contractor license, if required by Chapter 19.28 RCW; and

5. Have an elevator contractor license, if required by Chapter 70.87 RCW; and

D. Not be disqualified from bidding on any public works contract under RCW 39.06.010, 39.12.050, RCW 39.12.055, or

39.12.065 (3); and

E. Not be disqualified or debarred or ineligible to be awarded contracts for which Federal funds have been requested or received.

F. Completed the L&I online training or meet the prior experience requirements in RCW 39.04.350(1)(f); and

G. 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 judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48 or 49.52 RCW.

A contract shall only be awarded to a Bidder that demonstrates to the City’s satisfaction that the Bidder is qualified to perform the Work and is, therefore, a responsible bidder. Be registered in the Small Works roster with the Power Production category and Generator sub-category, as of the project advertisement release date.

4.2. Self Performance Requirement

The Contractor shall perform 100 percent of the Work with its own forces. Subcontracting of any portion of the Work is not permitted. No subcontractors, lower-tier subcontractors, or independent contractors shall be utilized for performance of the Work unless expressly approved in writing by the Owner prior to bid.

4.3. Examination of Plans, Specifications, and Site

Each bidder is instructed to examine the Plans, Specifications, Addenda, and all other City provided materials for the site of the proposed improvements, and conduct any other examination and investigation which the bidder may desire to make as to the accuracy of the nature of the work and the difficulties to be encountered. The Bidder shall be responsible for all costs associated with these additional examinations including all restoration work and damages which may be a result of such investigation. Bidders shall consider Federal, State, and local laws and regulations that may affect cost, progress, or performance of the work.

4.4. Questions and Interpretation of Contract Documents

All questions regarding the meaning or intent of the Contract Documents must be submitted through the Procurement Portal.

No telephone or oral questions will be accepted or considered. Bidders should reference the applicable specification section, paragraph number, and/or drawing number when submitting questions.

The City will accept questions until Thursday, September 17, 2026 at 12:00 pm. Questions received after this deadline will not be answered. All responses will be posted through the Procurement Portal by Friday, September 18, 2026 at

12:00 pm.

Interpretations or clarifications the City deems necessary will be issued as formal written Addenda, posted through the

Procurement Portal. Only information provided in formal written Addenda will be binding. Oral or informal communications will have no legal effect.

4.5. Wages

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 Bidder or a failure to include in Bidder’s price adequate increases in such wages during the performance of this Contract. Current prevailing wage rates for King County can be obtained from the Washington State Department of

Labor and Industries at https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/.

If this Contract is for a project that receives Federal funds, the labor and wage and benefits standards in 29 CFR part 5 may also apply, so Bidders shall examine and be familiar with such requirements.

4.6. Progress and Completion

https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

Time is of the essence for this Project. 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 submission of a bid constitutes the

Bidder’s acknowledgement that such progress and completion requirements have been taken into account in formulating a price for this Work.

4.7. Time and Limitations

The project timeline and work limitations for this contract are:

A. Notice to Proceed is anticipated the week of October 5, 2026.

B. No major construction work shall occur on any federal holiday or times explicitly prohibited in the right-of-way use permit. The only exceptions to these limitations shall be in the event of an emergency.

C. The first day of the [2026-2027] school year is August 26, 2026.

4.8. Prevention of Environmental Pollution and Preservation of Public Natural Resources

If awarded the Contract, the Bidder shall fully comply with all such environmental protection laws, ordinances and regulations dealing with prevention and 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.

4.9. Bid Form

The Bid Form is included in the Contract Documents. Bids that 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 and not eligible for award. No oral, facsimile, telegraphic or telephonic bids or modifications will be considered.

All bids must be submitted by the Bidder’s authorized representative. If the bid is made:

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

B. 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;

C. By a corporation or limited liability company (“LLC”), the name of the state under the laws of which the corporation or LLC is chartered, the name and post office address of the corporation or LLC and the title of the person who signs on behalf of the corporation or LLC must be shown.

Upon the City’s request, 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.

The City is not responsible for any cost incurred in responding to this Call for Bids.

4.10. Pre-Bid Meeting

A pre-bid meeting/walk through will not be held for this solicitation.

4.11. Acknowledgement of Addenda

Each Bidder shall include specific acknowledgment of receipt of each Addendum issued by the City during the bidding period. If the Bidder does not specifically acknowledge each addendum, the City may reject the bid as non-responsive unless the City determines from delivery records or from inclusion of information in the bid of information contained in the addenda that the Bidder received constructive notice of the addenda.

4.12. Non-Collusion

Each bid shall be accompanied by a signed Non-Collusion Declaration in accordance with, and using the form provided by the

City. Failure to submit a signed Declaration with the Bid shall render the bid non-responsive and the Bid shall be rejected.

More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected.

4.13. Delivery of Bid

Each Bid shall be submitted through the Procurement Portal. The City will not consider bids received after the time fixed for opening bids in the solicitation. A Bid is deemed submitted as evidenced by the receipt date and time shown in the source code of the Procurement Portal. Contractors accept all risk of late delivery, regardless of fault. Any submittal received after the due date and time shall be deemed non-responsive and will eliminate their Bid from any further consideration.

The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of these instructions, that without exception the Bid is premised upon performing the work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

4.14. Modification of Bid

A modification of a Bid will be considered only if the modification is received prior to the time announced for the opening of

Bids. All modifications shall be made in writing executed and submitted in the same form and manner as the original Bid.

4.15. Evaluation of Bid and Bid Errors

After opening the Bids, the City will check them for correctness of extensions of the prices per unit and the total price. The total of extensions, corrected where necessary, will be used by the City for award purposes.

Irregular Bids:

A. A Bid will be considered irregular and will be rejected if:

1. The authorized Bid Forms furnished by the City are not used or is materially altered;

2. The completed Bid Forms contains any unauthorized additions, deletions, alternate bids, or conditions;

3. The bidder adds provisions reserving the right to reject or accept the Award, or enter into the Contract;

4. A price per unit cannot be determined from the Bid Form;

5. The Bid Form is not properly executed;

6. An executed non-collusion certificate is not provided; or

7. Proper bid security (if required) does not accompany the Bid.

B. A Bid may be considered irregular and may be rejected if:

1. The Bid Form does not include a unit price for every Bid item;

2. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the City;

3. Receipt of Addenda is not acknowledged;

4. A member of a joint venture or partnership and the joint venture or partnership submit Bid Forms for the same project (in such an instance, both Bids may be rejected); or

5. If Bid Form entries are not made in ink.

Bids will be evaluated by the City to determine which bid is the apparent lowest, responsive bid.

Bid results will be posted on the Procurement Portal.

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

4.16. Evaluation of Bidder Responsibility

A Contract shall only be awarded to a Bidder that demonstrates to the City’s satisfaction that the Bidder is qualified to perform the Work and is, therefore, a responsible bidder.

A. Bidder Responsibility Criteria. To be determined responsible, the Bidder must, in addition to satisfying the bidder responsibility criteria listed in Section 1. ELIGIBILITY TO BID above:

1. Have adequate financial resources to perform the contract, or the ability to obtain them;

2. Have a satisfactory performance record;

3. Have a satisfactory record of integrity and business ethics;

4. Have the necessary production, construction, and technical equipment and facilities or the ability to obtain them;

5. Be otherwise qualified and eligible to receive an award under applicable laws and regulations;

6. Be in compliance with training requirements in RCW 39.04.350(1)(f); and

7. Provide a statement in accordance with RCW 9A.72.085 verifying compliance with responsible bidder criteria requirement of RCW 39.04.350(1)(g).

B. Reference Checking. To assist the City in the review of the Bidder’s qualifications, the Bidder shall, within five (5) days of being requested to do so by the City, provide the following information:

1. Past Experience in Similar Projects. Provide a list of all construction contracts (whether completed or in progress) entered into or performed by the Bidder within the past five (5) years for projects similar in scope, time and complexity to the work called for under this Contract. Provide the names of the contracts, the total contract price, the name of the foreman, the foreman’s previous project experience as a foreman on 3 similar construction contracts, and the names and phone numbers of the owners.

2. References. Provide a list of five (5) references. References will be asked to rate performance on the following items: overall impression of the company; firm experience and technical knowledge; foreman experience and quality of work, effective coordination of subcontractors; ability to coordinate and work with utility companies and governmental entities; responsiveness to owner requests; attention to safety; quality and timeliness of submittals, change order proposals, project schedule, schedule updates and other applicable paperwork.

If the Bidder is a joint venture, the Bidder shall submit information for the joint venture if the members have worked together in the past and also information about each member of the joint venture. The Joint Venture Agreement shall be included in the submission.

If the Bidder fails to supply information requested concerning responsibility within the time and the manner specified, the City may base its determination of responsibility upon any available information related to the responsibility criteria or may find the Bidder is not responsible.

The City reserves the right to inspect records, reports and other information which may be maintained by or for the Bidder to the extent necessary, as determined by the City to verify, clarify or otherwise consider the information provided by the Bidder.

4.17. Determination of Non-Responsibility

If the City determines a Bidder to be not responsible, the City will provide, in writing, the reasons for the determination. The

Bidder may appeal the determination within ten (10) days of its receipt of the City’s determination of non-responsibility by presenting additional information to the City. The City shall consider the additional information before issuing its final determination. If the City’s final determination affirms that the Bidder is not responsible, the City shall 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.

4.18. Contract Award

If a Contract is awarded, the City will award the contract to the responsible bidder that submits the lowest total responsive bid for the schedule(s) selected by City after bid opening and prior to award.

If the Contract is to be awarded, City will give the successful Bidder a Notice of Award within sixty (60) days after the day of the Bid opening. No other act of the City or others will constitute acceptance of a Bid.

The City reserves the right to request bidders to extend the effective period of their bids.

4.19. Rejection of All Bids

The City reserves the right to reject any or all Bids at any time up to actual execution of the Small Public Works Contract, even if there has been an award of the Contract.

Any or all Bids will be rejected if the City has reason to believe that collusion exists among the Bidders.

4.20. Execution of Contract

The Bidder to whom award is made shall execute a written Small Public Works Contract with the City on the form provided, including any Addenda and any other Exhibits attached thereto, shall secure all insurance, and shall furnish all certificates, endorsements and bonds required by the Contract Documents within ten (10) calendar days after receipt of the forms from the City. Failure or refusal to execute the Small Public Works Contract, including any Addenda and any other

Exhibits attached thereto, as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Small Public Works Contract, including any Addenda and any other Exhibits attached thereto, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Small Public Works Contract, including any Addenda and any other Exhibits attached thereto, the City may award the contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, including any Addenda and any other

Exhibits attached thereto, each such Bidder's Bid securities shall be likewise forfeited to the City.

4.21. Bid Protest Procedures

A. Form of Protest. In order to be considered, a Protest shall be in writing, addressed and delivered to the attention of the Zechariah Rodino, Utilities Engineer at the City of Mercer Island, 9601 SE 36th Street, Mercer Island, Washington

98040. 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. A complete, detailed statement of all grounds for protest, supporting authority, and any supporting documentation. Supplemental information will not be considered unless the supplementation contains information not available at the time of protest;

3. The specific ruling or relief requested; and

4. 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 with a substantial financial interest in the award of a Contract.

C. Time to Protest:

1. Protests based on specifications or other terms in the Contract Documents must be received by the City no later than ten (10) calendar days prior to the date established for submittal of Bids.

2. The City must receive protests based on other circumstances within five (5) calendar days after the bids are opened and publicly read.

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 City shall investigate the Protest and shall respond in writing to the Protest prior to the award of Contract. If protest is submitted in accordance with the procedures set forth above, the City will not execute a contract any sooner than two (2) business days after the City’s decision on the Protest.

E. 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 City.

F. Exhaustion of Administrative Remedies. By submitting a bid, the Bidder agrees the Bidder’s compliance with the protest procedures set forth herein are a mandatory condition precedent to the Bidder initiating a lawsuit against the

City.

G. Venue. By submitting a bid, 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 King County, Washington.

5. BIDDER'S CHECKLIST

5.1. Required Bid Forms

ALL BIDDERS must properly complete, execute and submit the following REQUIRED BID FORMS with their bids:

A. BID FORM:

https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=2828181 https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=2828180

B. Bidders must bid on all items contained in the Bid Form and sign the PROPOSAL SIGNATURE SHEET. The omission or deletion of any bid item may render the bid non-responsive and result in the rejection of the bid. Bidders are reminded to comply with RCW 39.30.060.

C. NON-COLLUSION DECLARATION: Failure to submit the certificate shall make the bid non-responsive and not eligible for award

D. CONTRACTOR DECLARATION PURSUANT TO RCW 39.04.350(2): Failure to submit the declaration shall make the bid non-responsive and not eligible for award.

E. BIDDERS QUALIFICATION CERTIFICATE: To be completed and signed. The City reserves the right to check all statements and to judge the adequacy of the bidder's qualifications.

To assist the City in the review of the responsible Bidder's qualifications, the Bidder(s) shall, within five (5) days of being requested to do so by the City, provide the information required in Evaluation of Bidder

Responsibility of the instruction to Bidders, including a statement in accordance with RCW 9A.72.085 verifying compliance with responsible bidder criteria requirement of RCW 39.04.350(1)(g).

The SUCCESSFUL BIDDER shall properly complete, execute (as required) and submit the following after receiving notice of the award of the Project.

A. Small Public Works Contract ( ATTACHMENT-A).

B. Performance Bond (ATTACHMENT-B), C. Payment Bond (ATTACHMENT-C).

D. Certificate of Insurance, E. Retainage Agreement (ATTACHMENT -D), F. Statement of Intent to Pay Prevailing Wages, and

G. Other documents requested by the City.

6. PREVAILING WAGES

The State of Washington prevailing wage rates for King County apply to work performed under this contract.

The applicable prevailing wage rates may be found at the following website address of the Department of

Labor and Industries: https://secure.lni.wa.gov/wagelookup/

Based on the bid submittal date for this project, the applicable date for prevailing wages for this project is

Wednesday, September 23, 2026. A copy of the applicable prevailing wage rates are also available for viewing at the City of Mercer Island, Public Works Building located at 9601 SE 36th Street.

7. BID FORM

All rates and pricing submitted shall include all costs, including but not limited to all wages, benefits, the cost of tools, equipment, ancillary supplies, overhead, profit, bonds, taxes, and other administrative fees https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=2828187 https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=2828187 https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=2828187 https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=2828187 https://secure.lni.wa.gov/wagelookup/ associated with the performance of this contract. Washington State Prevailing Wage rates for King County shall apply. Contractor, and all subcontractors, must obtain a valid City of Mercer Island Business License.

SCHEDULE A

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 PS 1, 8002 SE 20TH ST [*] 1 LS

2 PS 4, 2239 60TH AVE SE [*] 1 LS

3 PS 10, 9036 N MERCER WAY [*] 1 LS

4 PS 11, 3309 97TH AVE SE [*] 1 LS

5 PS 13, 3897 W MERCER WAY [*] 1 LS

6 PS 14, 4315 FOREST AVE SE [*] 1 LS

7 PS 15, 4765 FOREST AVE SE [*] 1 LS

8 PS 16, 5495 W MERCER WAY [*] 1 LS

9 PS 17, 6415 77TH AVE SE [*] 1 LS

10 PS 18, 7220 HOLLY HILL DR [*] 1 LS

11 PS 19, 7697 W MERCER WAY [*] 1 LS

12 PS 20, 8790 85TH AVE SE [*] 1 LS

13 PS 21, 8004 E MERCER WAY [*] 1 LS

14 PS 22, 6223 E MERCER WAY [*] 1 LS

15 PS 23, 5406 96TH AVE SE [*] 1 LS

16 PS 24, 4606 E MERCER WAY [*] 1 LS

17 PS 25, 4266 E MERCER WAY [*] 1 LS

18 Reservoir BPS, 4350 88TH AVE SE [*] 1 LS

19 First Hill BPS, 7401 SE 32ND ST [*] 1 LS

20 City Hall, 9601 SE 36TH ST [*] 1 LS https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

Line Item Description Quantity Unit of

Measure Unit Cost Total

21 PW, 9611 SE 36TH ST [*] 1 LS

22 City Hall Portable, 9601 SE 36TH ST [*] 1 LS

23 EOC Portable, 9601 SE 36TH ST [*] 1 LS

24 MICEC, 8236 SE 24TH ST [*] 1 LS

[*] Denotes item is taxable

Sales Tax (@ 10.3%)

TOTAL

SCHEDULE B

Measure Unit Cost Total

1 Labor Rate During Regular Working

Hours. Regular Hours: 7 am - 4 pm

Monday - Friday

30 HRS

2 Overtime Labor Rate 4 HRS

3 Sunday/Holiday Labor Rate 4 HRS

4 Repair Parts: Repair parts not covered by preventative maintenance contract to be billed at vendor cost plus contractor's percent merkup

1 18% markup, Actual Cost $5,900.00

SCHEDULE C

Measure Unit Cost Total

1 Schedule A Cost Escalation for 2027 -

% of 2026 Subtotal Before Tax

(Schedule A Line Items 1 - 24) [*]

1 CALC

Measure Unit Cost Total

2 Schedule A Cost Escalation for 2028 -

% of 2027 Subtotal Before Tax

(Schedule A Line Items 1 - 24) [*]

1 CALC

[*] Denotes item is taxable

Sales Tax (@ 10.3%)

SCHEDULE D

Measure Unit Cost Total

1 Schedule B Cost Escalation for 2027 -

% of 2026 Total

1 CALC

2 Schedule B Cost Escalation for 2028 -

% of 2027 Total

1 CALC

8. REQUIRED BID FORMS

ALL BIDDERS must properly complete, execute and submit the following forms with their bids:

1. Bidder Declaration and Understanding*

The undersigned Bidder hereby declares that they have carefully examined the Contract Documents for the construction of the project, that they have personally inspected the site, that they have satisfied themselves as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according to the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal.

The Bidder further declares that they have exercised their own judgment regarding the interpretation of subsurface information and has utilized all data, which they believe pertinent from the Engineer, Owner, and other sources and have made such independent investigations as the Bidder deems necessary in arriving at their conclusions. The Bidder is hereby notified that no goal for disadvantaged business enterprise utilization has been established for this project. As part of the City's affirmative action effort, however, the City encourages participation of certified disadvantaged businesses and women business enterprises to act as prime contractors as well as subcontractors on this project.

☐ Please confirm

*Response required

2. Start of Construction and Contract Completion Time*

The Bidder agrees that they will begin work within 10 calendar days of the Notice to Proceed, and Final

Completion of the entire project will be achieved by the Final Completion Date (except for extensions of time granted in accordance with the GENERAL TERMS AND CONDITIONS). The Bidder further agrees he/she will, if necessary, accelerate their work, provide additional workers and equipment, and expedite materials delivery to meet these dates, all at no additional expense to the OWNER.

By submitting this bid, the bidder agrees that, if awarded this contract, they will achieve Final Completion within 853 working days from the Notice to Proceed and the Substantial Completion Date will be 0 calendar days prior to the Final Completion Date.

☐ Please confirm

*Response required

3. Project Timeline and Work Limitations:*

Please confirm that you have reviewed, understand, and can comply with the project timeline and work limitations outlined in the INSTRUCTIONS TO BIDDERS - Time and Limitations

☐ Please confirm

*Response required

4. Lump Sum or Unit Price Work*

The Bidder proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on the following lump sum or unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Contractor shall be compensated for the actual unit quantities performed in accordance with the GENERAL TERMS AND

CONDITIONS set forth in these Contract Documents. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for Contractor-paid taxes, overhead, and profit for each type and unit of work, as well as any auxiliary costs associated with completing a unit of work called for in these Contract Documents. The City does not guarantee the quantities estimated for unit price items, nor does the City limit itself to the estimated number.

If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to the Owner has been merged with the prices named in the Proposal.

To the extent possible, standard bid items have been utilized for the work listed in the Proposal. The Bidder is directed to review the Standard Specifications and the City of Mercer Island’s Amendments (Special Provisions herein) for descriptions of bid item work, measurement, and payment.

☐ Please confirm https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=undefined https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=undefined https://procurement.opengov.com/portal/mercerislandwa/projects/293878/document?section=undefined

*Response required

5. Proposal Signature Sheet*

Please download the below document, complete, and upload.

• proposal_signature_sheet_11...

*Response required

6. Non-Collusion Declaration*

Please download the below document, complete, and upload.

• non-collusion_declaration_1...

*Response required

7. Contractor Declaration Form*

Please download the below document, complete, and upload.

• contractor_declaration_form...

*Response required

8. Bidder Qualification Certificate*

Please download the below document, complete, and upload.

• bidders_qualification_certi...

*Response required

9. Do you acknowledge the terms of the contract?*

The contract form to be used will be the City’s standard Small Public Works Contract. The bidder that submits a proposal is expected to meet the terms contained in the contract, as included as an ATTACHMENT, no modifications will be allowed.

☐ Please confirm

*Response required

9. GENERAL TERMS AND CONDITIONS

9.1. TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS

1.1 DEFINITIONS

1.2 INTENT AND INTERPRETATION OF THE DOCUMENTS

1.3 CLARIFICATION OF DRAWINGS AND DETAIL DRAWINGS

ARTICLE 2 CITY

2.1 AUTHORITY

https://government-project.s3.us-west-2.amazonaws.com/151444/23fb386e-ea06-4bca-a011-9bbdcdfe5af6_proposal_signature_sheet_11.04.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/151444/3c4d677d-e9fd-4524-a40b-bc1e3f740d0f_non-collusion_declaration_11.04.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/151444/06c17838-6d14-4049-b02e-4a8a7ec4b4eb_contractor_declaration_form_11.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/151444/0c4ed921-b7d0-46b3-93b0-793e4dd98fe5_bidders_qualification_certificate_11.04.2024.pdf

2.2 INFORMATION SUPPLIED BY CITY

2.3 WORK BY CITY OR SEPARATE CONTRACTORS

ARTICLE 3 CONTRACTOR

3.1 CONTRACTOR REPRESENTATIONS

3.2 GENERAL DUTIES

3.3 DUTY TO INSPECT CONTRACT DOCUMENTS

3.4 CONTRACTOR’S SUPERVISION AND EMPLOYEES

3.5 SUBCONTRACTORS AND SUPPLIERS

3.6 SCHEDULE OF WORKING HOURS

3.7 RECORD DOCUMENTS

3.8 COST RECORDS

3.9 MAINTENANCE AND INSPECTION OF DOCUMENTS

3.10 MAINTENANCE AND SITE CLEANUP

3.11 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, VEGETATION, UTILITIES, AND IMPROVEMENTS

3.12 PERMITS, LAWS, REGULATIONS AND TAXES

3.13 PATENTS AND ROYALTIES

3.14 CONTRACTOR’S CERTIFICATION

3.15 DEVIATION FROM CONTRACT

3.16 OPERATIONS, MATERIAL HANDLING, AND STORAGE AREAS

3.17 CONTRACTOR’S OVERALL RESPONSIBILITY FOR PROTECTION OF WORK, PROPERTY, AND PERSONS

3.18 PROTECTION OF PERSONS

3.19 SAFETY PROGRAM

3.20 ARCHAEOLOGICAL AND HISTORICAL PRESERVATION

3.21 WATER POLLUTION CONTROL REQUIREMENTS

3.22 EASEMENTS

3.23 TITLE VI / NONDISCRIMINATION ASSURANCES

3.24 APPRENTICESHIP

ARTICLE 4 ADMINISTRATION OF THE CONTRACT

4.1 TIME OF ESSENCE

4.2 WORK PROGRESS

4.3 SCHEDULE OF VALUES

4.4 PROJECT SCHEDULE

4.5 SUBMITTALS

4.6 REQUESTS FOR INFORMATION

4.7 TESTS, INSPECTIONS, AND ACCESS TO THE WORK

4.8 CORRECTION OF WORK OR DAMAGED PROPERTY

4.9 SUBSTITUTION OF PRODUCTS & PROCESSES

4.10 INCREASED OR DECREASED QUANTITIES

ARTICLE 5 CHANGES TO THE CONTRACT

5.1 GENERAL

5.2 CONTRACTOR’S REQUEST FOR A CHANGE ORDER

5.3 DIFFERING SITE CONDITIONS

5.4 SUSPENSION OF WORK

5.5 FORCE MAJEURE

5.6 CHANGE ORDERS

5.7 CITY REQUEST FOR A CHANGE PROPOSAL

ARTICLE 6 TIME AND PRICE ADJUSTMENTS

6.1 CHANGE IN THE CONTRACT TIME

6.2 CHANGE IN THE CONTRACT PRICE

6.3 METHOD TO CALCULATE ADJUSTMENTS TO CONTRACT PRICE

6.4 ALLOWABLE COSTS

ARTICLE 7 PAYMENT AND COMPLETION

7.1 APPLICATIONS FOR PAYMENT

7.2 PAYMENTS

7.3 PAYMENT WITHHELD

7.4 TITLE

7.5 SUBSTANTIAL COMPLETION

7.6 FINAL INSPECTION

7.7 REQUIREMENTS FOR FINAL APPLICATION FOR PAYMENT

7.8 COMPLETION/FINAL ACCEPTANCE

7.9 WARRANTY AND GUARANTY

7.10 PRIOR OCCUPATION

ARTICLE 8 TERMINATION

8.1 CITY’S RIGHT TO TERMINATE CONTRACT

8.2 CITY’S RIGHT TO STOP THE WORK FOR CAUSE

ARTICLE 9 CLAIMS AND LITIGATION

9.1 CONTRACTOR CLAIMS

9.2 CONTRACTOR’S BURDEN OF PROOF ON CLAIM

9.3 LITIGATION

ARTICLE 10 MISCELLANEOUS

10.1 COMPENSATION, WAGES, BENEFITS AND TAXES

10.2 PREVAILING WAGES

10.3 SUCCESSORS AND ASSIGNS

10.4 THIRD PARTY AGREEMENTS

10.5 NONWAIVER OF BREACH

10.6 NOTICE TO CITY OF LABOR DISPUTES

10.7 HEADINGS

10.8 CHOICE OF LAW

10.9 SEVERABILITY

9.2. ARTICLE 1…