SWR2508 -HVAC Parts Replacement.docx

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Attached to
HVAC UNITS REPLACEMENT
Solicitation number
swr2508
Issued by
Clark County, Cowlitz County, Klickitat County, Lewis County, Clarkston City, Clarkston Heights-Vineland CDP, West Clarkston-Highland CDP, Lewisville CDP, Klickitat CDP, Fort Lewis CDP, North Fort Lewis CDP, Washington

About this file

This is an Invitation to Bid (RFQ) issued by the Washington State Department of Transportation (WSDOT) under RCW Title 39 for HVAC Units Replacement at the WSDOT Area 1 office located at 4100 Main Street in Vancouver, WA. The solicitation seeks qualified businesses to replace HVAC units, specifically requesting 3 units of 4-ton capacity (Model 48GEDM05A2A6-0A0A0) and 2 units of 5-ton capacity (Model 48GEDM06A2A6-0A0A0), along with 5 economizer units. The bid posting date is May 8, 2025, with bids due by May 27, 2025, at 2:00 PM PST. WSDOT's preferred delivery date for the units is June 20, 2025, or earlier, and the contract will be effective from the date of award through the delivery of the HVAC units.

The solicitation requires bidders to provide manufacturer's product information and ensure compliance with Washington State Energy Code requirements. The units must be in-kind replacements with equivalent or improved performance capabilities. No bond is required for this work, and no liquidated damages are set. Bidders must register with Washington's Electronic Business Solution (WEBS) and submit bids electronically or via sealed package. The evaluation will be based on responsiveness, responsibility, and price, with WSDOT reserving the right to waive informalities, reject bids, or negotiate with the lowest responsive and responsible bidder. Bidders must provide comprehensive pricing that includes all cost components for delivery and installation of the specified HVAC units.

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Invitation to Bid SWR2508 HVAC Units Replacement The Washington State Department of Transportation (WSDOT) issues this Invitation to Bid (RFQ) under the authority of the Revised Code of Washington (RCW) Title 39. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this RFQ.

Posting Date…………………………. Thursday, May 8th, 2025

Bids are due Tuesday, May 27th, 2025 (No later than 2:00 PM PST)

Procurement SpecialistDoug Hinzmann
(360) 823-8757
doug.hinzmann@wsdot.wa.gov
Deliver bids toWashington State Department of Transportation
Southwest Region
4100 Main Street. Building 11
Vancouver, WA 98663

Attention: Doug Hinzmann

IMPORTANT: Quotes may be via email (preferred) with SWR2508 in the subject line or delivered in a sealed package with the following information on the outside:

· RFQ number

· Bid due date and time

· Procurement coordinator’s name

· Name and address of bidder’s company

The Procurement Coordinator is the SOLE POINT OF CONTACT for this solicitation. All communication between suppliers and WSDOT shall be with the Procurement Coordinator only.

SUMMARY OF OPPORTUNITY

Purpose of the RFQ The purpose of this solicitation is to obtain quotes from qualified businesses to replace HVAC Units at a WSDOT office in Vancouver, WA at the following location:

WSDOT Area 1 4100 Main Street Vancouver, WA 98663

1.2 Base Bid

The successful bidder shall provide all HVAC Units with the specified specifications outlined below:

Mark For
Qty
Model Number
Description
4T
3
48GEDM05A2A6-0A0A0
YAC_HEff_4T_460V/3PH/60HZ

· 4 Tons

· 460-3-60

· Low Gas heat

· Two-Stage Cooling - Single Circuit

· Standard Packaging

· Standard/Medium Static - Vane Axial Fan

· Al/Cu Condenser and Evaporator Coil Standard Electro-Mechanical Controls

5T
2
48GEDM06A2A6-0A0A0
YAC_HEff_5T_460V/3PH/60HZ

· 5 Tons

· 460-3-60

· Low Gas heat

· Two-Stage Cooling - Single Circuit

· Standard Packaging

· Standard/Medium Static - Vane Axial Fan

· Al/Cu Condenser and Evaporator Coil Standard Electro-Mechanical Controls

5
ECD-SRT12CB-D2DH
ECONOMIZER, DOWNSHOT, COMPLIANT, JADE 2 SPEED, ADB

WSDOT’s preferred delivery date of the units is June 20th, 2025 or before.

1.3 Contract Effective Dates

The contract is effective from the date of award through date of delivery of HVAC Units

1.4 Acceptance of Terms

Acceptance of a state contract/Purchase Order by a Bidder/Supplier for any services purchased pursuant to this bid/contract constitutes acceptance of, and agreement with, all of the general and specific provisions, requirements, stipulations and specification(s) described in this bid/contract.

1.5 Location and Hours of Operations

Unless otherwise stipulated by the Contract Manager, all delivery shall occur between the hours of 7:00am and 5:00pm, Monday through Friday unless arranged in advance by the WSDOT Contract Manager.

SPECIAL TERMS AND CONDITIONS

Scope of Work The successful bidder shall provide all necessary HVAC Units specified in this bid and deliver on the agreed date and time.

The successful bidder shall be in compliance with Washington State Energy Code requirements.

Replacement In-Kind The successful bidder shall provide along with their bid submission the manufacturer’s product information on units they propose. The proposed units shall be of the same quality and performance capabilities as the existing units, excepting when current standards require measurable differences. WSDOT reserves the right to request additional product information while assessing responsiveness. Failure to provide requested information in the time required by WSDOT may result in a bid being rejected as non-responsive.

Should a bidder wish to propose alternative units, they should submit separate Price Worksheets and manufacturer’s product information that clearly differentiates the proposals and correctly correlates the information. For example, the product information for the first Price Worksheet can be labeled “Submission #1” and vice versa, the product information for the second Price Worksheet could be labeled “Submission #2” and vice versa, and so on.

Definitions For the purposes of this RFQ and the resulting contract, the following definitions will apply:

· Owner: in this solicitation, its appendices, and any amendments, the term “owner” refers to WSDOT.

· Vendor, Contractor, and Successful Bidder: The terms “vendor,” “contractor,” and “successful bidder” are interchangeable

Price and Payment Procedures

A. SCHEDULE OF VALUES

· Schedule of Values is required to break down lump sum bid items and shall include unit price and allowance bid items.

· Content and Format:

· Itemize costs of Division 01 requirements beginning as Item No. 1.

· Itemize the Schedule of Values for lump sum bid items by cost of each item corresponding to each applicable Specification section.

Bond and Liquidated Damages WSDOT has determined that no bond is required for this work. WSDOT has set no liquidated damages for this work.

RFQ OVERVIEW

Announcement and Special Information The RFQ, its appendices, attachments, amendments and any incorporated documents will comprise the entire RFQ which will become the resulting contract between WSDOT and the awarded vendor when it is countersigned by WSDOT.

By responding to this RFQ, a bidder acknowledges having read and understood the entire RFQ and accepts all information contained within the RFQ without modification.

NOTE: The Standard Contract Terms and Conditions (Appendix A), which is an appendix to this RFQ, contains general provisions and terms for solicitations issued by WSDOT. Should a term within the Standard Contract Terms and Conditions conflict with a term elsewhere in the RFQ, the latter will prevail.

Complaint and Protest Bidders wishing to express a concern or objection with the solicitation or solicitation process in the form of a complaint must do so at least five business days prior to the deadline for bid submission. After the announcement of the apparent successful bidder (ASB), a Bidder may file a complaint within two business days of the announcement of ASB. Failure to follow the Complaint and Protest Procedure may be seen as a waiver on the part of the Bidder and prevent the complaint or protest from being honored and exercised.

See also Appendix C: Complaint and Protest Procedures in the Appendices section below.

Washington’s Electronic Business Solution (WEBS) Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at https://fortress.wa.gov/ga/webs/, and maintaining an accurate Vendor profile in WEBS.

· Downloading the RFQ packet consisting of the RFQ, all appendices, and incorporated documents related to the RFQ for which you are interested in bidding.

· Downloading all current and subsequent amendments to the RFQ to ensure receipt of all RFQ documents.

Notification of amendments to the RFQ will only be provided to those vendors who have registered with WEBS and have downloaded the RFQ from WEBS. Failure to do so may result in a bidder having incomplete, inaccurate, or otherwise inadequate information and bid.

Amendments Prior to the bid due date and time, WSDOT reserves the right to change portions of this RFQ. All changes will be issued in writing by WSDOT as an amendment and incorporated into the RFQ. If there is any conflict between amendments, or between an amendment and the RFQ, the document issued last in time will be controlling. Only bidders who have properly registered and downloaded the original RFQ directly via WEBS will receive notification of amendments and other correspondence pertinent to the procurement.

Bidder Communication Responsibilities During the RFQ process, all bidder communications about this RFQ must be directed to the Procurement Coordinator. Unauthorized contact regarding this RFQ with other state employees involved with the RFQ may result in disqualification. All oral and written communications will be considered unofficial and non-binding on WSDOT. Bidders should rely only on written amendments issued by the Procurement Coordinator.

Bidder Responsiveness Bidders are to respond to each question/requirement contained in this RFQ. Failure to comply with any applicable item may result in a bid being deemed non-responsive and disqualified.

WSDOT reserves the right to determine the actual level of bidders’ compliance with the requirements specified in this RFQ and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the competitive RFQ, having no effect or merely a minor or negligible effect on quality, quantity, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders.

Pricing Bid prices must include all cost components needed for the delivery of the services as described in this RFQ. Failure to identify all costs in a manner consistent with the instructions in this RFQ is sufficient grounds for disqualification.

NOTE: Pricing provided on the Price Worksheets is to be rounded to the nearest whole cent.

Non-Endorsement and Publicity In selecting a bidder to supply services specified herein, WSDOT is not endorsing the bidder’s services, nor suggesting they are the best or only solution to their needs.

No Costs or Charges Costs or charges incurred before a contract is fully executed will be the sole responsibility of the bidder.

PREPARATION OF BIDS

Format Bids must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the bidder with signature authority. All changes and/or erasures must be initialed in ink. Unsigned bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the bidder’s desire and intent to be bound by the bid, such as a signed cover letter. Incomplete or illegible bids may be rejected.

Multiple Submissions by the Same Bidder Multiple bid submissions by the same bidder are allowed. They should be submitted as separate bids and easily identified (i.e. “Vendor Name” Bid#1, “Vendor Name” Bid#2, etc.). Multiple submissions not clearly identified as such may be rejected as non-responsive.

Due Date and Time Bid packages must be received on or before the due date and time at the location specified on the cover page. Submitting via email is preferred. Regardless of the delivery method used it is the responsibility of the supplier to ensure solicitation response is received by the Procurement Coordinator on or before the designated deadline. Quotes will not be accepted via facsimile.

If a bid is late or received at a location other than that specified it will be rejected.

Bid Opening After the bid due date and time, the Bid will be opened and processed protecting the confidentiality of the contents. The names of the bidders will be recorded and made available upon request.

EVALUATION AND AWARD

General Provisions

· Bidder responsiveness, responsibility and price factors will be evaluated based on the evaluation process described in this section.

· Contract award will be based on the evaluation and award criteria established herein and will be subject to consideration of all factors identified in RCW 39.04 and other criteria identified in the RFQ.

· Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for rejection.

· WSDOT reserves the right to: (1) Waive any informality; (2) Reject any or all bids, or portions thereof; (3) Accept any portion of the items bid unless the bidder stipulates all or nothing in their bid; (4) Cancel an RFQ and re-solicit bids; (5) Negotiate with the lowest responsive and responsible bidder to determine if that bid can be improved for the purchaser.

· References: WSDOT reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service, knowledge of service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible. WSDOT reserves the right to waive the reference check.

· The evaluation does not require any particular order so long as the Bidder or Bidders ultimately receiving an award meet all of the evaluation and award criteria.

Determination of Responsiveness Bids will be reviewed on a pass/fail basis to determine compliance with administrative requirements as specified herein.

WSDOT reserves the right to determine at its sole discretion whether a bidder’s response to a minimum RFQ requirement is sufficient to pass. However, if all bidders fail to meet any single RFQ requirement, WSDOT may reject all bids and cancel the RFQ or waive the requirement from the RFQ’s criteria for responsiveness.

Responsive bids will be further evaluated based on the requirements in this RFQ.

Price Evaluation Evaluated Prices from responsive Bids will be calculated as follows:

a) The unit prices for each item will be summed together to form a net amount.

b) The net amounts for each line item will be summed together along with any shipping/delivery charge to form a Total Price (pre-tax).

c) The Total Price (pre-tax) will be subjected to any preferences and penalties required by law, rule, or RFQ.

d) The Total Price (pre-tax) will be used to evaluate the low bid.

e) In the event of a conflict between the Total Price and the Unit Price, the Unit Price will prevail.

Selection of Apparent Successful Bidder Bids received in response to this RFQ will be evaluated per the method detailed in section 5.4 of this solicitation.

WSDOT reserves the right to request additional information or perform tests and measurements as part of the evaluation process before award. Failure to provide requested information within 10 days may result in disqualification.

Before award, WSDOT may negotiate with an Apparent Successful Bidder (ASB) to determine if a bid can be improved.

Designation as an ASB does not imply that WSDOT will issue an award to your firm. It merely suggests that at this moment in time, WSDOT believes your bid to be responsive. This designation allows WSDOT to perform a responsibility analysis and ask for additional documentation. WSDOT may also re-examine the bid to determine whether the bid is truly responsive. The bidder must not construe this as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of this notification, it does so at its own risk and expense.

Announcement of Apparent Successful Bidder All Bidders responding to this RFQ will be notified when WSDOT has determined the Apparent Successful Bidder (ASB).

Award An award, in part or full, is made and a contract formed by signature of WSDOT and awarded bidder on the Bidder’s Authorized Offer page at the end of the RFQ. In some circumstances, WSDOT may include an award letter which further defines the award and is included by reference to accompany the signature page.

WSDOT reserves the right to award on an all-or-nothing consolidated basis.

Following the award, all bidders will receive a Notice of Award, usually through a WEBS notification.

CONTRACT INFORMATION

Incorporated Documents and Order of Precedence A bid submitted to this RFQ is an offer to contract with WSDOT.

A bid becomes a contract only when awarded and accepted by signature of WSDOT and bidder on the Bidder’s Authorized Offer and Contract Signature Page.

The documents listed below are, by this reference, incorporated into a contract resulting from this RFQ as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a) The RFQ

b) The awarded vendor’s bid

c) All appendices

d) RFQ amendments (if any)

e) Award letter (if any) In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a) Applicable federal and state of Washington statutes and regulations

b) Mutually agreed written amendments to the resulting contract

c) The contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the contract must be read consistently.

Conformity: If any provision of the contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

Parties This Contract is entered into by and between the Washington State Department of Transportation and the awarded Vendor with the parties more fully described in the Bidder’s Authorized Offer and Contract Signature Page.

Authority to Bind The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

Solicitation Timeline

Date Issued
Thursday, May 8, 2025
Question Period Ends
Monday, May 19, 2025
4:00 PM
Answers Provided
Tuesday, May 20, 2025
4:00 PM
Complaint Period Ends
Wednesday, May 21, 2025
4:00 PM
Bids Due
No later than Tuesday, May 27, 2025
2:00 PM
Bid Review
Wednesday, May 28, 2025
4:00 PM
Apparent Successful Bidder Announced
No sooner than Friday, May 30, 2025
TBD
Protest Period Ends
Monday, June 9, 2025
2:00 pm
Award announced and purchase order sent to vendor
Thursday, June 5, 2025
TBD

Changes to the Solicitation Timeline, if necessary, will be announced via an addendum posted to the Washington Electronic Business Solution (WEBS) website.

Other Information URL’s

Statewide Vendor Number: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx

Department of Revenue: http://dor.wa.gov/

WAC 458-20: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20

WAC 458-20-193: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193

APPENDICES

Appendix A: Standard Contract Terms and Conditions

Appendix C: Complaint and Protest Procedures

BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE Solicitation Number: SWR2508 In submitting this bid, the authorized signatory below acknowledges having read and understood the entire RFQ and amendments incorporated prior to the bid due date, and agrees to comply with its terms and conditions as written. The authorized signatory also agrees to fulfill the offer for categories made in this bid and any subsequently awarded contract. In consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows:

I.The Vendor shall deliver all the HVAC Units, specified.
II.It is further provided that no liability shall attach to the State by reason of entering into this contract, except as provided herein.

In witness whereof, the parties hereto, having read this contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

Unless otherwise specified in the RFQ, this contract is effective as of the date of last signature.

APPROVED (WSDOT)

APPROVED (BIDDER)

Washington State Department of Transportation 4100 Main St. Bldg 11 Vancouver, WA 98663

Bidder’s Company Name & Address

Signature Date

Signature Date

Typed or Printed Name, Title

Typed or Printed Name, Title

Manager Signature (if applicable) Date

Manager’s Typed or Printed Name, Title

Contact Information

Contact Information

Contact:
Doug Hinzmann
Contact:
Title:
Procurement Specialist
Title:
Phone:
(360)8238757
Phone:
Email:
doug.hinzmann@wsdot.wa.gov
Email:

image2.emf

Appendix A - PW Standard Terms and Conditions.docx OR401518R – Appendix A: Standard Terms and Conditions

Standard Terms and Conditions

Should a term within these Standard Contract Terms and Conditions conflict with a term elsewhere in the ITB, the latter will prevail.

A.1 Incorporated Documents and Order of Precedence

A bid submitted to this ITB is an offer to contract with WSDOT.

A bid becomes a contract only when awarded and accepted by signature of WSDOT and bidder on the Bidder’s Authorized Offer and Contract Signature Page.

The documents listed below are, by this reference, incorporated into a contract resulting from this ITB as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a) The ITB

b) The awarded vendor’s bid

c) All appendices

d) ITB amendments (if any)

e) Award letter (if any)

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a) Applicable federal and state of Washington statutes and regulations

b) Mutually agreed written amendments to the resulting contract

c) The contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the contract must be read consistently.

Conformity: If any provision of the contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

For Public Works contracts including Supplemental Conditions and/or Modifications to the General Conditions, the Order of Precedence terms of Section 1.2 in the General Conditions will apply.

A.2 Parties

This Contract is entered into by and between the Washington State Department of Transportation and the awarded Contractor with the parties more fully described in the Bidder’s Authorized Offer and Contract Signature Page.

A.3 Authority to Bind

The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

A.4 Counterparts

This contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.

A.5 Right to Cancel (Solicitation)

WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

A.6 Acceptance

This ITB and any order resulting from this solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Supplier are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT.

A.7 Pricing - Include all Cost Components in Pricing

Bidders must identify and include all elements of recurring and non-recurring costs in their pricing. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels; and any processing fees associated with credit card payment.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

A.8 Withdrawal or Modification of Response

Bidders are liable for all errors or omissions contained in their responses.

a. Prior to response due date and time

Modification: Mistakes in bids or proposals detected prior to the due date and time may be corrected by the bidder by withdrawing the original bid or proposal and submitting a corrected bid or proposal to WSDOT before the due date and time. If there is not sufficient time prior to the due date and time to withdraw the original bid or proposal and submit a corrected bid or proposal, the bidder, or an authorized representative, may correct the mistake on the face of the original bid or proposal provided that the corrected bid or proposal is time stamped by WSDOT upon resubmission prior to the due date and time.

Withdrawal: An authorized bidder representative is permitted to withdraw its response before the due date and time by submitting the withdrawal request in writing. Withdrawn responses will be returned unopened to the bidder.

b. After response due date and time

No modification: If bidder mistakes in a bid or proposal are detected after the bid due date and time, they may not be corrected.

Withdrawal: If the bidder submits evidence in writing satisfactory to WSDOT that a mistake has been made by the bidder in the calculation of its bid or proposal, WSDOT may allow the bid or proposal to be withdrawn provided that the claim of mistake and supporting documentation is provided within three business days after the due date and time. Compliance with this section within the specified time limit shall relieve the bidder of forfeiture of its bid guarantee. If WSDOT subsequently reissues the solicitation, the bidder having made the mistake may not participate in that solicitation.

Clarification: WSDOT reserves the right to contact bidder for clarification of response contents.

A.9 Price Adjustments

Price protection: The contract prices are the maximum prices the contractor may charge.

Should market forces or unforeseen circumstances result in contract prices falling below a contractor’s cost, the contractor may submit a proposed price change – the profit margin of which shall not exceed that of the original pricing – to WSDOT. WSDOT reserves the right to accept the price change or cancel all or part of the order.

A.10 Statewide Vendor Payment Registration

Suppliers are required to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under this procurement. Purchasers who are Washington state agencies require registration to be completed prior to payment.

The Washington State Office of Financial Management (OFM) maintains a central contractor registration file for Washington State agencies to process Vendor payments. To obtain information and registration materials visit the Receiving Payments from the State website.

A.11 Miscellaneous Expenses

Expenses related to day-to-day contract performance (including but not limited to, travel, lodging, meals, and incidentals) will not be reimbursed to the contractor. However, WSDOT recognizes that there may be occasions when the purchaser requires the bidder to travel. In such case the purchaser must provide written pre-approval of such expenses on a case-by-case basis. Any such reimbursement will be at rates not to exceed the guidelines for state employees published by the Washington State Office of Financial Management set forth in the Washington State Administrative & Accounting Manual, and not to exceed expenses actually incurred.

A.12 Anti-trust

Supplier and WSDOT recognize that in actual economic practice, overcharges resulting from anti-trust violations are in fact borne by WSDOT. Therefore, Supplier hereby assigns to WSDOT any and all claims for such overcharges.

A.13 Attorney’s Fees

In the event of controversy, claim, or dispute arising out of any order or contract resulting from this solicitation for which the Supplier is adjudged by a court of competent jurisdiction to be at fault, Supplier shall pay to WSDOT all attorney’s fees, costs and expenses incurred by WSDOT in connection therewith.

A.14 Public Disclosure of Purchasing Information

Any document(s) or information which the bidder believes is exempt from public disclosure per RCW 42.17.310 shall be clearly identified by bidder and placed in a separate envelope marked with bid number, bidder's name, and the words "proprietary data" along with a statement of the basis for such claim of exemption. The state's sole responsibility shall be limited to maintaining the above data in a secure area and to notify bidder of any request(s) for disclosure within a period of five years from date of award. Failure to so label such materials or failure to provide a timely response after notice of request for public disclosure has been given shall be deemed a waiver by the bidder of any claim that such materials are, in fact, so exempt.

Copies of documents related to this or any other WSDOT procurement that are subject to public disclosure may be requested by sending a request through the Public Disclosure Request Center (https://wsdot.mycusthelp.com/WEBAPP/_rs/(S(okipmjq5ajj4cfnhhq4fs35z))/supporthome.aspx). When requesting procurement documents be sure to include the name of the procurement coordinator and the solicitation number for the information you are requesting.

A.15 Title VI Notice to the Public

It is Washington State Department of Transportation (WSDOT) policy to ensure no person shall, on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated may file a complaint with WSDOT’s Office of Equal Opportunity (OEO). For Title VI complaint forms and advice, please contact OEO’s Title VI Coordinator at 360-705-7082 or 509-324-6018.

A.16 Americans with Disabilities Act (ADA) Information

This material can be made available in an alternate format by emailing the WSDOT Diversity/ ADA Compliance Team at wsdotada@wsdot.wa.gov or by calling toll free, 855-362- 4ADA (4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711.

A.17 OSHA and WISHA Requirements

For materials supplied under this contract, Vendor agrees to comply with conditions of the Federal Occupational Safety and Health Administration (OSHA) and, if manufactured or stored in the State of Washington, the Washington Industrial Safety and Health Act (WISHA) and the standards and regulations issued there under, and certifies that all items furnished and purchased will conform to and comply with said laws, standards and regulations. Vendor further agrees to indemnify and hold harmless WSDOT and Purchaser from all damages assessed against Purchaser as a result of Vendor’s failure to comply with those laws, standards and regulations, and for the failure of the items furnished under the Contract to so comply.

A.18 Environmental Product Preference Purpose Statements

Polychlorinated Biphenyls (PCBs)

PCBs have adverse effects on human health and the environment. Accordingly, the State of Washington through its procurement of goods is trying to minimize the purchase of products with PCBs and to incentivize its vendors to sell products and product packaging not containing PCBs.

Recycled Content Products

Buying products made from recycled content creates markets for materials collected in residential & business recycling programs. Recycling does not work without end-markets. In addition buying recycled products supports the development of green technologies, creates jobs and strengthens the local economy, and promotes and supports a more sustainable lifestyle. When manufacturers use recycled material vs. virgin materials to make new products, air and water pollution is reduced, natural resources are conserved, energy is saved, less water is used, and emissions of greenhouse gases that contribute to global climate change are reduced. Accordingly, the State of Washington through its procurements of goods is trying to maximize the purchase of products made from recycled content and to incentivize its vendors to sell products and products in packaging made with recycled content.

Sustainable Electronics

All [or specified] electronic products provided under this contract must have achieved EPEAT Bronze registration or higher in the EPEAT system. The database of all products that currently meet EPEAT criteria are viewable at www.greenelectronicscouncil.org. Only products listed as Active in the online EPEAT Registry are considered to have met the EPEAT criteria.

Products That Do Not Contain Hydrofluorocarbons (HFCs)

Hydrofluorocarbons (HFCs) contribute to climate change and so have an adverse effect on human health and the environment. Accordingly, the State of Washington, through its procurements of goods, is trying to minimize the purchase of products that contain HFCs or contain HFCs with a comparatively low global warming potential and to incentivize its vendors to sell products without HFCs.

Nonmercury-Added Products

Mercury has an adverse effect on human health and the environment. Accordingly, the State of Washington, through its procurements of goods, is trying to minimize the purchase of products with mercury and to incentivize vendors to sell products without mercury.

A.19 General Requirements

The following terms from General Requirements (Section 01 10 00) are included:

A. SPECIFICATION CONVENTIONS

This specification is written using writing principles and techniques contained in Manual of Practice published by CSI. Imperative mood is used in most cases. The words "Contractor shall" are removed in most instances. It is understood that specifications are addressed to the Contractor who is legally responsible to the Contracting Agency for constructing the project.

Words "shall," "shall be," "shall have," are included by inference where colon (:) is used.

B. DEFINITIONS

Basic Contract definitions included in Conditions of the Contract:

a. And: Conjunction indicating that items in series are to be taken jointly.

b. Approved: Where used in conjunction with the Project Administrator’s response or action, meaning will be held to limitations of the Project Administrator’s responsibilities and duties as specified in the General and Supplementary Conditions. In no case will the Project Administrator’s approval be interpreted as release of the Contractor from responsibilities to fulfill requirements of the Contract Documents.

c. Directed, Requested: Terms such as "directed," "requested," "authorized," "selected," "approved," "required," "accepted," and "permitted" mean "directed by the Project Administrator," "requested by the Project Administrator," and similar phrases. However, no such implied meaning shall be interpreted to extend the Project Administrator’s responsibility into area of construction supervision.

d. Finish: Manner or method of completion. Final appearance of a surface, including texture, smoothness, sheen, and color, after finishing operations have been performed. Finishing operations include preparation of substrate and application, curing, and protection of specified finish materials.

e. Furnish: Means to supply, purchase, procure and deliver complete with related accessories, ready for assembly, application, installation, and similar operations, as applicable in each instance.

f. Indicated: Refers to graphic representations, notes, or schedules on Drawings, or other paragraphs or Schedules in Specifications, and similar requirements in the Contract Documents. Terms such as "shown," "noted," "scheduled," and "specified" are used to help reader locate the reference. Location is not limited.

g. Install: Means to construct, assemble, erect, mount, anchor, place, connect, apply and similar operations, complete with related accessories, as applicable in each instance.

h. Installer: Entity (person or firm) engaged to perform particular unit of Work at Project site, including installation, erection, application, repair, patching, and similar required operations. Such entities shall be experienced in operations they are engaged to perform.

i. Or: Used to introduce any of possibilities in a series. Items in series are not required to be taken jointly. It does not mean that individual items in series are optional requirements.

j. Product: Includes natural and manufactured materials, components, machinery, fixtures, equipment, devices, furnishings, systems, and their associated accessories to be incorporated into Work.

k. Provide: Means to furnish and install, complete and ready for operations and use for purpose intended.

l. Regulations: Includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within construction industry that control performance of the Work.

m. Similar: Interpreted in its general sense and not as meaning identical. Elements defined as "similar" shall be coordinated in relationship to their location and connection with other parts of the Work.

n. True To Line, Plumb, Level, and Flat: Install Work within following tolerances, except where indicated otherwise:

o. True to line: Allowed deviation from straight line within plus or minus 1/16 inch in one foot; plus or minus 1/8 inch in 10 feet; plus or minus 1/4 inch in 20 feet; and plus or minus 3/8 inch in lengths over 20 feet.

p. Level: Allowed deviation from horizontal plane within plus or minus 1/16 inch in one foot; plus or minus 1/8 inch in 10 feet; plus or minus 1/4 inch in 20 feet; and plus or minus 1/2 inch in lengths over 20 feet.

q. Plumb: Allowed deviation from vertical plane within plus or minus 1/16 inch in one foot; plus or minus 1/8 inch in 10 feet; plus or minus 1/4 inch in 20 feet; and plus or minus 1/2 inch in lengths over 20 feet.

r. Flat: Allowed deviation from flat plane in any planar direction within plus or minus 1/16 inch in one foot; plus or minus 1/8 inch in 10 feet; plus or minus 1/4 inch in 20 feet; and plus or minus 3/8 inch in lengths over 20 feet. NOTE: Tolerances are not accumulative.

C. ADMINISTRATIVE REQUIREMENTS

I. COORDINATION

1. Coordinate scheduling, submittals, and Work of various sections of specifications to ensure efficient and orderly sequence of installation of interdependent construction elements.

2. Coordinate quality assurance and quality control services to ensure timely testing and inspection to avoid delay and avoid necessity of removing and replacing construction to accommodate testing and inspecting.

3. Verify utility requirement characteristics of operating equipment are compatible with building utilities.

4. Coordinate space requirements and installation of mechanical and electrical work indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable.

5. In finished areas, conceal pipes, ducts, and wiring within construction.

ii. PRECONSTRUCTION MEETING

The Project Administrator will schedule a Preconstruction meeting for affected parties after Contract execution.

1. Typical Agenda:

Attendance:

a. Contracting Agency representative(s).

b. Contractor.

c. Subcontractors as requested by the Contractor.

Minimum Agenda:

a. Introductions.

b. Schedule.

c. Original Contract Amount.

d. Points of Contact.

e. Correspondence.

f. Submittals.

g. Pay requests with Schedule of Values.

h. Meetings.

i. Modifications/Clarifications.

j. Construction/Staging/Phasing.

k. Security.

l. Project Closeout.

iii. SITE MOBILIZATION CONFERENCE

1. The Project Administrator may schedule a conference at the Project site prior to Contractor occupancy.

2. Typical agenda is as follows:

3. Attendance:

a. Contracting Agency representative(s).

b. Contractor.

c. Major Sub-Contractors.

Agenda:

a. Use of premises by the Contractor.

b. Contracting Agency’s requirements.

c. Temporary utilities provided by Contracting Agency.

d. Security and housekeeping procedures.

e. Schedules.

f. Procedures for testing.

iv. PROGRESS MEETINGS

1. The Project Administrator will schedule and administer meetings throughout progress of the Work at maximum of weekly intervals.

2. The Project Administrator or designee will preside at meetings, record minutes, and distribute copies within two days to those affected by decisions made.

v. CUTTING AND PATCHING

1. Employ skilled and experienced installer to perform cutting and patching new Work; restore Work with new Products.

2. Submit written request in advance of cutting or altering structural or building enclosure elements.

3. Execute cutting, fitting, and patching to complete Work, and to:

4. Fit several parts together, to integrate with other Work.

5. Uncover Work to install or correct ill-timed Work.

6. Remove and replace defective and non-conforming Work.

7. Remove samples of installed Work for testing.

8. Provide openings in elements of Work for penetrations of mechanical and electrical Work.

9. Cut masonry and concrete materials using masonry saw or core drill. Restore Work with new Products in accordance with requirements of Contract Documents.

10. Fit Work tight to adjacent elements. Maintain integrity of wall, ceiling, or floor construction; completely seal voids.

11. Fit Work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

12. Refinish surfaces to match adjacent finishes.

b. CONSTRUCTION PROGRESS SCHEDULE

0. PROGRESS SCHEDULE

1. General Requirements:

2. Contractor shall submit Progress Schedules and Schedule Updates to Project Administrator for approval. Schedules shall show work that complies with all time and order of work requirements in the contract. Scheduling terms and practices shall conform to the standards established in Construction Planning and Scheduling, Second Edition, published by the Associated General Contractors of America.

3. Except for Weekly Look-Ahead Schedules, all schedules shall meet these General Requirements, and provide the following information:

a. Include all activities necessary to physically complete Project.

b. Show planned order of work activities in a logical sequence.

c. Show durations of work activities in working days as defined in Short Form Conditions for Washington State Facilities Construction, Part 1- Definitions and Part 3-Time and Schedule.

d. Show activities in durations that are reasonable for intended work.

e. Define activity durations in sufficient detail to evaluate progress of individual activities on a daily basis.

f. Show physical completion of all work within authorized contract time.

g. Provide Project Administrator for each schedule submittal, an electronic copy of preliminary schedule, Progress Schedule, or Schedule Update.

4. Contracting Agency allocates its resources to a contract based on total time allowed in Contract.

5. If Project Administrator determines that Progress Schedule or any necessary Schedule Update does not provide required information, then schedule will be returned to Contractor for correction and re-submittal.

6. Project Administrator’s approval of any schedule shall not transfer any of Contractor’s responsibilities to Contracting Agency. Contractor alone shall remain responsible for adjusting forces, equipment, and work schedules to ensure completion of Work within time(s) specified in Contract.

c. SUBMITTALS

0. SUBMITTAL PROCEDURES

The Contractor shall review shop drawings, product information, and project data before submission and verify field dimensions, construction criteria, catalog numbers, and other data. The submittals shall be coordinated with the requirements of the Work and the contract documents. If there is a deviation from the requirements of the contract documents, the submittal transmittal shall clearly indicate the deviation. See SUBSTITUTIONS for related information. All submittals shall be accompanied by a cover letter signed by the Contractor stating that the submittal has been:

a. Verified all field dimensions and quantities.

b. Verified all field construction criteria, materials, catalog numbers and similar data.

c. Reviewed and coordinated submittal data with requirements of the work and the Contract Documents.

All submittals shall include the following basic information:

a. Names of the contractor, subcontractor, supplier, fabricator, and/or manufacturer.

b. Submittal date and date of subsequent revisions.

c. Contractor assigned sequential submittal number

d. Project title and contract number

e. Specification title and section number

f. Drawing sheet number and detail number if applicable

g. Identification of product or material.

h. Applicable standards such as AASHTO or ASTM number or Federal specification.

i. Clearly identified field dimensions.

j. Deviations from contract documents clearly indicated.

k. All changes made since previous submittal if applicable

1. Unless otherwise indicated, the Contractor shall submit one (1) reproducible copy and seven (7) copies to the Contracting Agency for approval. The reproducible copy can be of any common medium with a clear or white background that can be photo copied. The copies may be on any common medium that is legible and can readily receive ink and pencil markings.

2. Submittals shall be complete, submitted at one time, each item indexed with dividers and indexed according to the individual Specification titles. The Contracting Agency may return without review any submittal not meeting the requirements listed above.

3. The Contractor shall make submittals sufficiently in advance of required acceptance date to allow Contracting Agency 20 working days for each review and resubmission if necessary.

a. Items submitted without Contractor's review stamp will be returned without action, for resubmission.

b. Items not submitted in accordance with provisions of this section will be returned, without action, for re-submittal.

c. Submission in items not accepted for use by specifications or addenda will be rejected.

4. The Contracting Agency will review the original submittal and one re-submittal on each item. If a re-submittal is rejected as not being in accordance with the Contract Documents, the Contracting Agency may select the items that shall be furnished and installed by the Contractor without change in the Contract price or time of completion.

5. The Contractor is not relieved of responsibility for deviations in submittals from requirements of the Contract Documents by the Project Administrator’s review or approval of submittals, unless the Project Administrator gives written acceptance of specific deviations.

6. The Contractor is not relieved of responsibility for errors and omissions in submittals by the Contracting Agency’s review or approval of submittals.

7. The Contractor shall not place orders for materials, fixtures, or equipment, or begin work that requires submittals until return of submittal with the Project Administrator’s stamp and initials or signature indicating the Project Administrator’s review is complete.

8. After the Project Administrator’s review, distribute copies as needed.

9. Compliance with specified characteristics is the Contractor’s responsibility.

ii. PRODUCT DATA

Product Data:

Product data are for review by the Project Administrator for limited purpose of checking for conformance with information given and design concept expressed in the Contract Documents.

Submit product data in accordance with SUBMITTAL PROCEDURES to the Project Administrator.

Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturer’s standard data to provide information unique to this project.

iii. SHOP DRAWINGS

Shop Drawings are for review by the Project Administrator for limited purpose of checking for conformance with information given and design concept expressed in contract documents.

Submit newly prepared information in accordance with SUBMITTAL PROCEDURES to the Project Administrator, drawn to accurate scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents.

Do not reproduce the Contract Documents or copy standard information as basis of shop drawings.

Shop Drawings include fabrication and installation drawings, setting diagrams, schedules, patterns, templates and similar drawings. Include following information:

a. Dimensions.

b. Identification of products and materials included.

c. Compliance with specified standards.

d. Notation of coordination requirements.

e. Notation of dimensions established by field measurement.

1. Affix stamp indicating review of Shop Drawing by the Contractor’s office before submitting to the Project Administrator. Do not use Shop Drawings without appropriate final stamp indicating Project Administrator has taken action.

iv. SAMPLES

Samples for Review:

Sample for Review are for review by the Project Administrator for limited purpose of checking for conformance with information given and design concept expressed in the Contract Documents.

Submit three (3) copies of Samples for review.

After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes as specified.

Samples for Selection:

Sample for Selection are for review by the Project Administrator for aesthetic, color, or finish selection.

Submit samples of finishes from full range of manufacturer’s standard colors, textures, and patterns for the Project Administrator selection.

Submit samples to illustrate functional and aesthetic characteristics of Product.

Submit three (3) copies of Samples for selection.

After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article and for record documents purposes as specified.

v. MANUFACTURER’S INSTALLATION INSTRUCTIONS

When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data.

vi. MANUFACTURER’S CERTIFICATES

When specified in individual specification Sections, submit certifications by manufacturer to the Project Administrator, in quantities specified for Product Data.

Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate.

d. QUALITY REQUIREMENTS

0. QUALITY CONTROL

Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality.

Comply with manufacturer’s instructions.

Comply with specified standards as minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

i. TOLERANCES

Monitor fabrication and installation tolerance control of installed Products over suppliers, manufacturers, Products, site conditions, and workmanship, to produce acceptable Work.

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