Volume 1 CN 0177-25.pdf

Issaquah Elevator Pit Water Intrusion Mitigation IFB No. RTA/CN 0177-25

Issued for Bid

INVITATION FOR BID

ISSAQUAH ELEVATOR PIT WATER INTRUSION MITIGATION

IFB NO. RTA/CN 0177-25

VOLUME 1 OF 3

Division 00

AUGUST, 2026

Issaquah Elevator Pit Water Intrusion Mitigation IFB No. RTA/CN 0177-25

TABLE OF CONTENTS

VOLUME 1

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Title

00 11 16 Invitation for Bids 00 21 00 Instructions to Bidders 00 41 00 Bid Forms & Other Submittals 00 45 00 Representation and Certifications 00 52 00 Agreement Form 00 60 00 Project Forms 00 61 00 Bond Forms 00 72 00 General Conditions 00 73 00 Special Conditions 00 73 16 Insurance Requirements 00 73 33 Labor Compliance Manual 00 73 39 Sound Transit Civil Rights Program 00 73 46 Prevailing Wage Rates 00 73 73 Federal Provisions

VOLUME 2

DIVISION 1 GENERAL REQUIREMENTS

Section Title

00 00 01 Project Title Page 00 00 10+ Table of Contents

01 11 00*+ Summary of Work

01 20 00.20* Price and Payment Procedures

01 25 00* Substitution Procedures

01 31 13* Project Coordination

01 31 19* Project Meetings

01 31 25.10* Document Control and Internet-Based Document Management System

01 32 13.25* Scheduling of Work

01 32 33* Photographic Documentation

01 33 00* Submittal Procedures

01 35 29.30* Health, Safety, Security, and Emergency Response

01 35 43* Hazardous and Contaminated Substance Health and Safety Program

01 45 00.30 Quality Management for Design-Bid-Build & GC/CM

01 50 00* Temporary Facilities and Controls

Issaquah Elevator Pit Water Intrusion Mitigation IFB No. RTA/CN 0177-25

01 55 26* Traffic Control

01 56 39* Temporary Tree and Plant Protection

01 57 00.10* Temporary Environmental Protections and Controls

01 57 15* Temporary Construction Noise and Vibration Controls

01 60 00* Product Requirements 01 71 23* Field Engineering

01 71 30* Protection and Maintenance of Property and Work

01 73 29* Cutting, Fitting, and Patching

01 74 00* Cleaning and Waste Management

01 78 23* Operation and Maintenance Data

01 78 36* Warranty Management

01 78 39.20* As-Built Documents for Design-Bid-Build & GC/CM

01 79 00* Training

01 91 13* General Systems Testing and Commissioning Requirements

DIVISION 2 EXISTING CONDITIONS

Section Title

02 41 00* Demolition

DIVISION 3 CONCRETE

03 15 25* Anchorage to Concrete

03 30 00* Cast-In-Place Concrete

03 62 00* Non-Shrink Grouting

DIVISION 4 MASONRY Not Used

DIVISION 5 METALS

05 05 23* Metal Fastenings

05 12 00* Structural Steel Framing 05 52 30.10 Barrier Cable Systems for Pedestrian Barrier

DIVISION 6 WOOD, PLASTICS, AND COMPOSITES

Not Used.

DIVISION 7 THERMAL AND MOISTURE PROTECTION

07 16 13 Polymer Modified Cement Waterproofing

07 42 13.13 Formed Metal Wall Panels

07 54 19 Polyvinyl-Chloride (PVC) Roofing

07 62 00 Sheet Metal Flashing and Trim

07 92 00*+ Joint Sealants

DIVISION 8 OPENINGS

08 44 13 Glazed Aluminum Curtain Walls

Issaquah Elevator Pit Water Intrusion Mitigation IFB No. RTA/CN 0177-25

08 80 00*+ Glazing

DIVISION 9 FINISHES

09 21 16*+ Gypsum Board Assemblies

09 22 16* Non-Structural Metal Framing

09 91 24 Interior Painting

DIVISION 22 PLUMBING

22 05 00* Common Work Results for Plumbing

22 05 17* Sleeves and Sleeve Seals for Plumbing

22 05 23 General Duty Valves for Plumbing Piping

22 05 29 Hangers and Supports for Plumbing Piping and Equipment

22 05 48 Vibration and Seismic Controls for Plumbing Piping and Equipment

22 05 50* Identification for Plumbing Piping and Equipment

22 08 00* Commissioning of Plumbing 22 13 16* Sanitary Waste and Vent Piping

22 14 23 Storm Drainage Piping Specialties

22 14 29 Sump Pumps

DIVISION 26 ELECTRICAL

26 05 00* Common Work Results for Electrical

26 05 33* Raceway, Boxes, Hangers and Supports for Electrical Systems

26 05 53* Identification for Electrical Systems

26 05 74* Overcurrent Protective Device, Short Circuit and Arc Flash Studies

26 08 00* Commissioning of Electrical Systems

VOLUME 3

CONTRACT DRAWINGS

Section 00 11 16 Invitation for Bid IFB No. RTA/CN 0177-25

Page 1 Issued for Bid Revision: December 2025

Issaquah Elevator Pit Water Intrusion Mitigation

SECTION 00 11 16 – INVITATION FOR BIDS

CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (“SOUND TRANSIT”)

BIDS DUE: SEPTEMBER 22, 2026, 2:00 P.M. LOCAL TIME

BID SUBMITTAL: ALL BIDS FOR THIS SOLICITATION MUST BE SUBMITTED ELECTRONICALLY

THROUGH THE SOUND TRANSIT VENDOR PORTAL SYSTEM

(HTTP://VENDORPORTAL.SOUNDTRANSIT.ORG)

CONSTRUCTION CONTRACT SPECIALIST: WENDELL FULCHER,

WENDELL.FULCHER@SOUNDTRANSIT.ORG

ENGINEER’S ESTIMATE: $1,200,000 - $1,800,000

FEDERAL FUNDING: This project is NOT funded by a federal grant and is NOT subject to applicable federal contracting requirements.

SCOPE OF WORK: This work will take place at Issaquah Transit Center Garage at 1050 17th Ave NW, Issaquah, WA 98027. A new curtain wall system will be installed at the northwest corner of the elevator shaft to prevent rainwater from seeping in through the door sills. Additionally, a sump pump system will be installed in the elevator pit to automatically remove water when detected. Other planned repairs include roof work, both interior and exterior panel replacements for the elevator shaft, waterproofing, installing a pedestrian cable barrier, relocating cctv camera, relocating lights, relocating artwork, and painting.

SOUND TRANSIT COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM:

In furtherance of its Small Business Program, Sound Transit has established the following Small Business Goal for this Contract:

Small Business Goal is 8%

For purposes of performance of the Contract, the Small Business Goal shall apply to the Contract Price.

Major Subcontracting Opportunities: The following subcontracting opportunities are provided for the Bidder’s reference and may not represent all subcontracting opportunities that may be available:

Structural Steel and Precast Concrete Contractors, Glass and Glazing Contractors, Roofing Contractors, Siding Contractors, Drywall and Insulation Contractors, Electrical Contractors and Other Wiring Installation Contractors, Other Building Finishing Contractors, Plumbing, Heating, and Air-Conditioning Contractors, Painting and Wall Covering Contractors, All Other Specialty Trade Contractors.

APPRENTICE UTILIZATION GOAL: The Contractor shall use good faith efforts to utilize apprentices registered with the Washington State Apprenticeship and Training Council (“SAC”) for 20% of the total

Page 2 Issued for Bid

Contract labor hours utilized on the Project. Please refer to Section 00 73 33 Labor Compliance Manual for additional information.

PRE-BID MEETING: Prospective Bidders, subcontractors and suppliers are encouraged to attend a Pre- Bid Meeting on September 1,, 2026 at 11:00 a.m. local time on TEAMS. This meeting will be held to discuss the scope of work, bidding forms, S/DBE Goals, and procedures.

Microsoft Teams Click On Link: Join the meeting now

Dial in by phone tel:+12064851387

Phone conference ID: 515 717 556#

BID SUBMITTAL/OPENING: Sealed Bids must be clearly titled with contract name and IFB NO. All bids for this solicitation must be submitted electronically through the Sound Transit Vendor Portal System (http://vendorportal.soundtransit.org) on or before September 22, 2026 at 2 p.m. local time. Sound Transit shall assume no responsibility for delays in bid submissions. Bid Opening will be held on September 22, 2026 at 2:30 p.m. local time.

All bids will be opened and read aloud at 2:30 p.m. local time via Microsoft Teams. Information to participate in the bid opening is as follows:

Microsoft Teams Click On Link Join the meeting now

Dial in by phone +1 206-485-1387

Phone conference ID: 254 556 596#

OBTAINING BID DOCUMENTS AND OTHER INFORMATION: Bid Documents can be obtained from Sound Transit’s contracting opportunities website: www.biddingo.com/soundtransit. Although solicitation documents may also be available at your local plan center, potential Bidders who download and order documents at www.biddingo.com/soundtransit will be registered holders of the solicitation documents.

Notification services offered through the site are not guaranteed and users of the notification system are ultimately responsible for reviewing postings to the site. Sound Transit disclaims all liability for damages caused by the use of this site or the information it contains.

REQUESTS FOR INFORMATION (RFI): Any inquiries concerning this solicitation, including RFIs, may be submitted using the "Ask Question" link for this solicitation at www.biddingo.com/soundtransit . RFIs must be submitted by September 9, 2026.

ACCOMMODATIONS: If there is a need for special arrangements or sign interpreters at the Pre-Bid Meeting or Bid Opening, the Bidder must contact the Construction Contracts Specialist listed above a minimum of five (5) business days in advance of this meeting or the Bid Opening.

COMMUNICATIONS WITH SOUND TRANSIT: Communications relating to this solicitation with Sound Transit representatives other than above mentioned Contract Specialist may result in the firm being disqualified from further participation in this procurement.

https://teams.microsoft.com/meet/289764396608184?p=hsZ6YTlEnphUHmTGML https://teams.microsoft.com/meet/212698239739016?p=kqwVDJrmJJT0c7Yd5c http://www.biddingo.com/soundtransit http://www.biddingo.com/soundtransit http://www.biddingo.com/soundtransit

Page 3 Issued for Bid

BASIS OF AWARD: If found to be in its best interest, Sound Transit will issue an award to the lowest Total Bid Price as submitted in a responsive bid, by a responsible bidder.

END OF SECTION 00 11 16

Section 00 21 00 Instructions to Bidders

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Issued for Bid

SECTION 00 21 00 – INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE 1 BIDDING REQUIREMENTS AND CONDITIONS

1.01 RESPONSIBLE BIDDER

1.02 EXAMINATION OF CONTRACT DOCUMENTS

1.03 CLARIFICATIONS AND ADDENDA

1.04 PRE-BID MEETING AND SITE VISIT

1.05 INSPECTION OF WORK SITE

1.06 ESTIMATED QUANTITIES

1.07 PREVAILING WAGES

1.08 SUBSTITUTION REQUESTS

1.09 SOUND TRANSIT CIVIL RIGHTS PROGRAM REQUIREMENTS

ARTICLE 2 PREPARATION AND SUBMITTAL OF BIDS

2.01 FORM OF BID

2.02 SUBMISSION AND RECEIPT OF BIDS

2.03 TOTAL BID PRICE

2.04 RULE 171 TAX EXEMPTION

2.05 BID GUARANTY

2.06 WITHDRAWAL OR MODIFICATION OF A BID

2.07 SOUND TRANSIT COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM SUBMITTALS

ARTICLE 3 BID EVALUATION

3.01 CLAIM OF ERROR

3.02 VALIDITY OF BIDS

3.03 BID TABULATION

3.04 BID EVALUATION CONFERENCE

3.05 EVALUATION OF THE BIDDER’S APPRENTICE UTILIZATION PLAN

3.06 SINGLE BID RECEIVED

3.07 EQUAL BIDS

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3.08 REJECTION OF BIDS

3.09 DISQUALIFICATION OF BIDDERS

3.10 PROPOSED SUBCONTRACTORS

3.11 COLLUSION

3.12 PUBLIC DISCLOSURE

3.13 PROTEST AND APPEAL PROCEDURES

ARTICLE 4 AWARD AND EXECUTION OF CONTRACT

4.01 CONTRACTOR CERTIFICATIONS PRIOR TO AWARD

4.02 NOTICE OF AWARD

4.03 EXECUTION OF CONTRACT

4.04 PERFORMANCE AND LABOR AND MATERIAL PAYMENT BONDS

4.05 INSURANCE

4.06 CANCELLATION OF AWARD

4.07 NOTICE TO PROCEED

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SECTION 00 21 00 - INSTRUCTIONS TO BIDDERS

ARTICLE 1 BIDDING REQUIREMENTS AND CONDITIONS

1.01 RESPONSIBLE BIDDER

A. In accordance with RCW 39.04, a Bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The Bidder must:

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

18.27 RCW;

2. Have a current state unified business identifier (UBI) number;

3. If applicable, have industrial insurance coverage for the Bidder’s employees working in

Washington as required in Title 51 RCW;

4. If applicable, have an employment security department number as required in Title 50

RCW;

5. If applicable, have a state excise tax registration number as required in Title 82 RCW;

6. Not be disqualified from bidding on any public works contract under RCW 39.06.010, 39.12.065(3), 49 CFR 29.940, 29.945, or Sound Transit’s debarment or suspension process;

7. Not have a binding judgement of a willful violation of any provision of chapter 49.46, 49.48, or 49.52 RCW, as defined in RCW 49.48.082, from either the Department of Labor and Industries or any Court within three years prior to bid submission; and

8. Have received training on the requirements related to public works and prevailing wage in accordance with RCW 39.04.350 and RCW 39.12

9. Meet any supplemental criteria requirements, if applicable. If Sound Transit has established supplemental responsible bidder criteria for this contract, the requirements are in Section 00 22 13 Supplemental Responsible Bidder Criteria.

B. In accordance with RCW 39.06.020, a public works Contractor must verify responsibility criteria for each first tier Subcontractor. A Subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. Verification shall include that each Subcontractor, at the time of Subcontract execution, meets the responsibility criteria and possesses an electrical Contractor license, if required by RCW 19.28, or an elevator Contractor license, if required by RCW 70.87.

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Issued for Bid

C. If Sound Transit determines a Bidder to be not responsible, Sound Transit will provide, in writing, the reasons for the determination. The Bidder may appeal the determination by following the process described in subsection 3.14 below. If the final determination affirms that the Bidder is not responsible, Sound Transit will not execute a contract with any other Bidder until two (2) business days after the final determination is sent by Sound Transit to the Bidder determined to be not responsible.

1.02 EXAMINATION OF CONTRACT DOCUMENTS

A. The Definitions set forth in Section 00 72 00 General Conditions shall apply to the provisions in this Section and other associated bidding documents, unless specifically provided otherwise.

B. The Bidder shall verify that all documents upon which the Bidder is basing its Bid, are full and complete with no missing pages, sheets, or unintentional blank spaces, and that the Bidder has received all Addenda issued prior to the Bid opening date.

C. Each Bidder shall thoroughly examine the Invitation for Bids (IFB) and associated bidding documents and strictly comply with all instructions and provisions contained therein.

D. The submission of a Bid shall constitute an acknowledgement upon which Central Puget Sound

Regional Transit Authority ("Sound Transit") may rely that the Bidder has thoroughly examined and is familiar with the Contract Documents and has reviewed and inspected all applicable federal, state and local statutes, ordinances, regulations, environmental assessments or impact statements relating to the work, and all permits that have been applied for or issued pertaining to the Work.

E. The failure or neglect of a Bidder to receive, examine, or understand any of the Contract

Documents, statutes, ordinances, regulations, or permits shall in no way relieve the Bidder from any obligations with respect to the Bid or to the Contract. The Bidder bears full responsibility for errors or misunderstandings resulting from its estimating and method of preparing the Bid.

1.03 CLARIFICATIONS AND ADDENDA

A. No oral clarification or interpretations will be made to any Bidder as to the meaning of the

Contract Documents. Bidders shall not rely upon any oral statements or conversations they may have with Sound Transit employees, agents, or representatives regarding the Contract

Documents, whether at the Pre-Bid Meeting or otherwise.

B. Clarifications or interpretations by Sound Transit will be in the form of a written clarification.

C. Changes or modifications to the Contract Documents will be made in the form of written

Addenda. If an Addendum is issued, all provisions that are not modified remain unchanged.

D. Sound Transit will post Addenda and Clarifications to http://vendorportal.soundtransit.org.

E. Notice may be provided to registered holders of the solicitation document; however, it is the

Bidder’s responsibility to obtain and acknowledge all addenda.

http://vendorportal.soundtransit.org/

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Issued for Bid

F. The Bidder must acknowledge all Addenda on the Bid Form. Failure to acknowledge Addenda may result in the Bid being declared non-responsive.

1.04 PRE-BID MEETING AND SITE VISIT

If indicated in Section 00 11 16 Invitation for Bids, prospective Bidders, subcontractors, and suppliers are encouraged to attend a Pre-Bid Meeting and/or Site Visit to be held at the date and time listed.

The Pre-Bid Meeting will address the Work to be performed, Small Business and Disadvantaged

Business Enterprise (DBE) participation, Project Labor Agreement, and bidding requirements, as applicable. Attendance at the pre-bid meeting and site visit is not mandatory unless specifically indicated in Section 00 11 16.

1.05 INSPECTION OF WORK SITE

A. The Bidder warrants and agrees that by submitting a Bid, it has taken steps reasonably necessary to ascertain the nature and location of the Work; and has investigated and satisfied itself as to the general and local conditions which can affect the Work or the cost and time required to complete the Work, including but not limited to:

1. Conditions bearing upon acquisition, transportation, disposal, handling and storage of materials;

2. Availability of labor, materials, water, electric power and roads;

3. Local weather and physical conditions at the Site;

4. Character of equipment and facilities needed preliminary to and during work performance; and

5. Biological hazards and associated physical hazards at the Site.

B. The Bidder further warrants and agrees that it is relying solely on the Bidder’s own knowledge, examination, inspection and verification of:

1. Site of the Work;

2. Access to the Site;

3. Environmental factors and mitigation requirements;

4. All other data, matters and conditions requisite to the fulfillment of the Work;

5. Conditions ordinarily encountered or generally recognized as inherent to the Work;

6. Requirements imposed by easements or permits;

7. Existing and available services and utilities at and in the vicinity of the Work; and

8. Conditions bearing upon utilities as relates to temporary or permanent relocation or installation thereof.

1.06 ESTIMATED QUANTITIES

Any quantities indicated on the Bid Form are estimates; actual quantities of Work may vary.

Sound Transit does not warrant, expressly or by implication that the actual amount of work will correspond to the estimated quantities. Sound Transit reserves the right to increase or decrease the amount of any item of Work and to make changes in the Work, as Sound Transit

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Issued for Bid may deem necessary or appropriate. Sound Transit will make payments based on the actual quantities of Work performed in accordance with the Contract.

1.07 PREVAILING WAGES

A. This Contract is subject to Chapters 39.12 and 49.28 RCW relating to Washington Department of

Labor & Industries ("L&I") prevailing wage requirements. In addition, this Contract may be subject to the federal Department of Labor ("DOL") prevailing wage requirements. Bidders shall examine and be familiar with such requirements as well as any requirements included in Section

00 73 33 Labor Compliance Manual. No claim for additional compensation will be allowed that is based upon lack of knowledge or error in interpretation of any such requirements by the

Contractor.

B. Copies of the most recent schedules for state and federal prevailing wages, if applicable, are included in Section 00 73 46 Prevailing Wage Rates for the Bidder’s convenience.

1.08 SUBSTITUTION REQUESTS

A. In order to establish a basis of quality and comparable cost to Sound Transit, certain materials, processes or types of machinery and equipment may be specified in the Contract Documents by describing the process, by designating a manufacturer by name, brand, or product number, or by specifying a kind of material. It is not the intent of these Contract Documents to exclude other processes, equipment or materials of equal value, utility or merit, which are approved by

Sound Transit. However, if material or equipment is specified as a sole source in the Contract

Documents, Sound Transit will not consider substitutions for the sole source material or equipment.

B. During the bidding period, Sound Transit will consider written requests for approval of

Substitutions submitted by potential prime Bidders. Sound Transit will not consider such requests from subcontractors, material or equipment vendors or representatives.

C. Written requests for substitution must be received no later than fifteen (15) business days prior to the date of Bid Opening. Such requests shall be submitted on a Request for Substitution (RFS) as provided in Section 00 43 00 Supplemental Procurement Forms. Each request shall include complete descriptions, technical data, and documentary evidence that the proposed substitution is equal to or better than those articles or materials specified. All requests for

"approved equals" shall clearly and completely specify how the request meets or exceeds the required function of Sound Transit's specification, and how the substitution is equal to or superior to Sound Transit's specification.

D. Any test requirement in the specification that pertains to an item under consideration for

"approved equal" must be submitted with the Request for Substitution. Sound Transit reserves the right to request that samples be submitted and satisfactory demonstrations made for the proposed substitutions prior to approval. Freight, insurance, on-site storage and display, Issaquah Elevator Pit Water Intrusion Mitigation Page 7 Revision: December 2025

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Issued for Bid security, claims, and all other costs for consideration of samples of "approved equals" shall be entirely borne by the Bidder and its suppliers, both shipping to and from Sound Transit.

E. If Sound Transit's decision results in a change to the Contract Documents all Bidders shall be advised by Addendum.

F. Sound Transit is the sole judge as to the comparative quality and suitability of alternative equipment, articles, materials or processes, and its decision is final.

1.09 SOUND TRANSIT CIVIL RIGHTS PROGRAM REQUIREMENTS

A. NON-DISCRIMINATION IN EMPLOYMENT AND CONTRACTING

1. Sound Transit has adopted guiding principles and values for employment and contracting

(“Guiding Principles”) which identify key objectives that Sound Transit will promote and enforce to ensure nondiscrimination in employment and in the award and administration of contracts. The Guiding Principles are implemented in accordance with applicable federal, state and local laws and regulations, including resolutions and financial assistance agreements. To the extent applicable, the Guiding Principles are the basis for certain provisions in this Contract. Bidders shall carefully review all provisions in Section 00 73 39

Sound Transit Civil Rights Program and take such provisions into account in preparing and submitting their Bids under this IFB.

a. It is the policy of Sound Transit that practices of employment discrimination against any person on the basis of race, color, religion, national origin, sex, age, or disability are prohibited. The Bidder shall adhere to these non-discrimination provisions and shall make affirmative efforts to meet Sound Transit's nondiscrimination objectives in performing this Contract. Such efforts shall apply to the employment of persons on the permanent or core employee workforce and the employee workforce secured solely for performing this Contract.

b. It is the policy of Sound Transit that no one doing business or offering to do business with Sound Transit shall deny any person, on the basis of race, color, religion, national origin, sex, age, or disability, the benefits of, or exclude any person from participation in, the award and performance of any work under contracts and agreements awarded by Sound Transit, and that one doing business or offering to do business with Sound Transit shall afford equal, non-discriminatory opportunities to potential joint venture partners, subcontractors, subconsultants and suppliers on contracts and agreements awarded by Sound Transit.

c. The Bidder shall comply with applicable obligations and requirements under

Chapter 49.60 RCW, the Washington state “law against discrimination”, including rules and regulations promulgated pursuant to such law. In particular, the Bidder as an employer shall not commit any unfair practices listed in RCW 49.60.180.

d. The Bidder shall cooperate in any studies or surveys as may be conducted by Sound

Transit and as may be necessary to determine the extent of the Bidder’s compliance

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Issued for Bid with Sound Transit’s Comprehensive Economic Development and Civil Rights

Program policies.

2. In the event the Bidder and/or its proposed subcontractors fail(s) to comply with any substantive requirement of the IFB related to non-discrimination, participation by

Disadvantaged Business Enterprises or other Small Businesses, Equal Employment

Opportunity, or apprentice utilization, Sound Transit may impose sanctions as it may determine to be appropriate, including but not limited to:

a. Requiring the Bidder to take remedial action to bring the Bidder or proposed subcontractors into compliance;

b. Rejecting the Bid, terminating negotiations, or refusing to award a Contract to the

Bidder;

c. Debarring the Bidder or proposed subcontractor from future contracts with Sound

Transit; or

d. Filing civil and/or criminal action(s) against the Bidder and, if applicable, its proposed subcontractor, suppliers, employees, agents, and representatives.

Sound Transit may consider any such failure by the Bidder in determining whether to award any future contracts to the Bidder.

B. EQUAL EMPLOYMENT OPPORTUNITY (EEO)

1. Sound Transit is interested in Bids from firms that demonstrate a commitment to Equal

Employment Opportunity. Sound Transit encourages bids from firms that employ a workforce that reflects all communities in the region. Bidders shall demonstrate a commitment to Equal Employment Opportunity. Bidders shall take into account the EEO provisions set forth in the Contract to be awarded pursuant to this IFB.

2. Bidders shall adhere to the following non-discrimination provisions:

a. The Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, age, or disability. The Bidder shall make affirmative efforts to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, age, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The

Bidder shall post in conspicuous places, available to employees and applicants for employment, notices of this nondiscrimination clause.

b. Failure to provide the required documentation and adequately respond to each item shall result in Sound Transit not considering a Bid for award of a contract under this IFB.

c. Upon request and on forms approved by Sound Transit, during the term of this

Contract, the Bidder shall submit reports of the affirmative efforts made by the

Bidder in implementing the nondiscrimination and Equal Employment Opportunity

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Issued for Bid provisions in this Contract. The Bidder shall permit access by Sound Transit to the

Bidder’s records of employment, employment advertisements, application forms, and other pertinent data and records for the purpose of determining compliance with this provision.

d. Within thirty (30) days of contract execution, the Bidder shall submit a copy of its office EEO program in its entirety, demonstrating full compliance with the federal requirements and the contract.

e. The Bidder shall implement and carry out the obligations regarding Equal

Employment Opportunity submitted as part of its Bid to perform any resulting

Contract and the Equal Employment Opportunity provisions in such Contract.

Failure to implement and carry out these obligations and provisions in good faith may be considered by Sound Transit a material breach of any resulting Contract and grounds for withholding payment and/or termination of such Contract and dismissal of the Bidder.

f. The Contractor shall comply with, and ensure its subcontractors comply with, applicable federal civil rights requirements.

Specific Civil Rights Program provisions, including those applicable to subcontracts, are set forth in the Contract.

C. SOUND TRANSIT COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM:

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM “NOT USED”

D. BIDDERS LIST INFORMATION “NOT USED”

E. SOUND TRANSIT COMPREHENSIVE ECONOMIC DEVELOPMENT PROGRAM:

SMALL BUSINESS PROGRAM

1. Sound Transit promotes and encourages participation in its contracts by Small Businesses, as defined in Sound Transit’s Small Business Program. Sound Transit is interested in bids from such firms.

2. If firms, or individuals, combine to form a joint venture, partnership, or other joint entity to perform the work described in this solicitation, the firms are encouraged to include Small

Businesses in the joint venture or as full partners and participants in the entity.

3. If a Bidder determines to engage subcontractors to perform any portion of the Work described in this IFB, the Bidder shall make Good Faith Efforts to solicit participation by

Small Businesses and shall maintain documentation of its efforts for review by Sound

Transit.

4. Whether or not there is a Small Business goal, the Bidder shall submit a DBE/Small Business

Digital Utilization Plan (Bid Form 3) identifying the Small Businesses that would participate in any award pursuant to this IFB.

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5. As required by 49 CFR 26.13(b), each contract awarded pursuant to this solicitation and any subcontract the prime contractor signs with a subcontractor must include the following assurance:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

Withholding monthly progress payments;

Assessing sanctions;

Liquidated damages; and/or

Disqualifying the contractor from future bidding as non-responsible.”

6. Sound Transit’s Small Business Program is modeled under 49 CFR Part 26. As such, Sound

Transit will follow procedures for establishing, monitoring and tracking small business contract-specific goals similar to those procedures it follows for DBE contract-specific goals.

7. Pursuant to its DBE Program and 49 CFR Part 26, Sound Transit promotes and encourages participation by Small Businesses on its contracts and agreements. In preparing Bids, Bidders shall afford Small Businesses an equal, non-discriminatory opportunity to compete for business as joint venture partners or subcontractors, and shall ensure their proposed subcontractors also afford Small Businesses such opportunities. It is the policy of Sound

Transit to ensure nondiscrimination on the basis of race, color, sex, or national origin in the award and administration of federally-funded contracts. It is the intention of Sound Transit to create a level playing field on which Small Businesses can compete fairly for agreements, contracts and subcontracts, including but not limited to construction, procurement and proposal contracts, professional and technical services agreements, and purchase orders.

8. For purposes of award and performance of the Contract, the Small Business Goal shall apply to the Price set forth in the Contract.

9. A business will be presumed to be a Small Business if the business falls within one of the following categories:

a. Is certified by the Washington State Office of Minority and Women Business

Enterprise (OMWBE) as Small Business Enterprise (SBE), Disadvantaged Business

Enterprise (DBE), Minority Business Enterprise (MBE), Woman Business Enterprise

(WBE), Minority/Women Business Enterprise (MWBE), Public Works Small Business

Enterprise (PWSBE), Socially and Economically Disadvantaged Business Enterprise

(SEDBE), or LGBTQ Business Enterprise (LGBTQBE). To obtain a listing of firms

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Issued for Bid certified by OMWBE, contact OMWBE at 360-664-9750 - or access a listing at http://www.omwbe.wa.gov/certification.

b. Is certified by King County’s Small Contractor and Supplier (SCS) program, whereupon the Small Business Administration small business standards are a criterion.

10. On Bid Form 3, DBE/Small Business Digital Utilization Plan, the Bidder shall identify each

Small Business to whom the Bidder has committed to participating in any award under this

IFB. Bidder shall include Bidder’s own business if it is a Small Business.

a. Bidder must provide a written confirmation from each Small Business as required in the DBE/Small Business Digital Utilization Plan.

11. Where a contract-specific Small Business goal has been established, the Bidder will be required to make Good Faith Efforts to meet the contract-specific goal, which can be shown by committing to Small Business participation equal to or greater than the goal or by submitting documentation sufficient to demonstrate that Bidder made Good Faith Efforts to achieve the goal. If it is determined the Bidder failed to show either it met the goal or that it made sufficient Good Faith Efforts to meet the goal consistent with the requirements of 49

CFR Part 26 and Sound Transit’s DBE Program, the Bidder shall be entitled to reconsideration before contract award by a Sound Transit official who did not take part in the original determination.

A Bidder will be ineligible for award if it does not meet the Good Faith Efforts requirements set forth in 49 CFR Part 26 (pass/fail).

12. Good Faith Efforts are described in 49 CFR Part 26, Appendix A and address whether the

Bidder took all necessary and reasonable steps, which by their scope, intensity, and appropriateness could reasonably be expected to meet or exceed the applicable Small

Business Goal. Sound Transit will consider the quality, quantity, and intensity of the different kinds of efforts made by the Bidder to demonstrate that the Bidder actively and aggressively attempted to obtain participation by Small Businesses. The following are types of actions, without limitation, that may be considered in determining Bidder’s Good Faith

Efforts to obtain Small Business participation:

a. Select portions of the Work that can be performed by Small Businesses to increase the likelihood that the Small Business Goal will be achieved. This includes, where appropriate, breaking out services items into economically feasible units for Small

Businesses to participate, even when the Bidder might otherwise prefer to self-perform the portions of the Work.

b. Solicit through all reasonable and available means, the availability of Small

Businesses that are capable of performing the Work.

c. Provide interested Small Businesses with adequate information about the contractual requirements (e.g., bonding, insurance, labor requirements, and other http://www.omwbe.wa.gov/certification

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Issued for Bid requirements required by the Bidder). This information should be timely provided so that the Small Business has sufficient time to properly respond to the Bidder.

Failure to provide Small Businesses a reasonable time to respond to a solicitation or to inform them of contractual requirements shall constitute a lack of good faith by the Bidder.

d. Negotiate in good faith with interested Small Businesses. It is the Bidder’s responsibility to select those portions of the Work consistent with the capabilities of available Small Businesses and to facilitate their participation.

e. Not reject Small Businesses as being unqualified without sound reasons based on a thorough investigation of their capabilities.

f. Make efforts to assist interested Small Businesses in obtaining bonding, lines of credit, or insurance.

g. Make efforts to assist interested Small Businesses in obtaining necessary equipment, supplies, materials, or related assistance or services.

13. For consistency between Sound Transit’s Small Business Program and its Disadvantaged

Business Enterprise Program, Sound Transit will use the regulations in 49 CFR Part 26.55 as guidance in evaluating and monitoring the participation of all businesses toward meeting the Small Business Goal and for determining how to count such participation.

14. The fact that there may be some additional costs involved in finding and using Small

Businesses is insufficient reason for a Bidder’s or Contractor’s failure to meet the Small

Business Goal, provided those costs are reasonable. Also, the ability or desire of the Bidder or Contractor to self-perform the Work of a Contract does not relieve the Bidder or

Contractor of the responsibility to make Good Faith Efforts. The Bidder or Contractor is not required to accept higher quotes from Small Businesses if the price difference is excessive or unreasonable; provided that, upon Sound Transit’s direction, the Bidder or Contractor shall submit to Sound Transit its analysis concluding that the price difference was excessive or unreasonable.

15. Consistent with 49 CFR Section 26.53 (f)(1) through (6), the Contractor shall not terminate, for any reason whatsoever without Sound Transit’s written consent, a Small Business: (i) included in the Contractor’s Small Business Commitment submitted as part of its Bid for this

Contract, (ii) submitted by the Contractor subsequent to award of this Contract, or (iii) included as a substitute, and approved by Sound Transit, (“Named Small Business”) for another Small Business.

In addition to post-award terminations, these standards shall apply to pre-execution deletions of or substitutions for Named Small Businesses submitted by Bidders in response to this IFB. When a Small Business is terminated or fails to complete its work for any reason, Bidder or Contractor shall make Good Faith Efforts to find another Small Business to substitute for the terminated Small Business. Good faith efforts shall focus on finding

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Issued for Bid another Small Business to perform at least the same dollar amount of work as the original

Small Business, to the extent needed to meet the Contract goal.

Termination includes requests to substitute for, delete or in any other manner remove a

Named Small Business included by the Bidder or Contractor as part of its commitment to

Small Business participation.

a. Before submitting its request to terminate a Named Small Business, Contractor shall give written notice to the affected Small Business and provide a copy to Sound

Transit of the Contractor’s intent to request a termination of the Small Business and the reason(s) for the request.

b. Contractor shall give the affected Small Business five (5) days to respond to the

Contractor’s written notice and advise Sound Transit and the Contractor of the reasons, if any, it objects to the proposed termination and set forth any reason(s) that Sound Transit should not approve the Contractor’s request. If required as a matter of public necessity (e.g., safety), Sound Transit may consent to a response period shorter than five (5) days.

c. Sound Transit will provide written consent for termination of a Named Small

Business only if Sound Transit agrees that the Contractor has good cause to terminate the Named Small Business. Good cause includes the following circumstances:

i. The Small Business fails or refuses to execute a written contract;

ii. The Small Business fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. However, good cause does not exist if the failure or refusal of the Small Business to perform its work on the subcontract results from the bad faith or discriminatory action of the

Contractor;

iii. The Small Business fails or refuses to meet the Contractor's reasonable, nondiscriminatory bond requirements. However, good cause does not exist if the Contractor failed or neglected to inform the Small Business of the bond requirements before the Contractor includes the Small Business in its bid;

iv. The Small Business becomes bankrupt, insolvent, or exhibits credit unworthiness;

v. The Small Business is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and

1200 or applicable state law;

vi. Sound Transit has determined the Small Business is not a responsible contractor;

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Issued for Bid

vii. The Small Business voluntarily withdraws from the project and provides

Sound Transit written notice of its withdrawal;

viii. The Small Business is ineligible to receive Small Business credit for the type of work required;

ix. A Small Business owner dies or becomes disabled with the result the Small

Business contractor is unable to complete its work on the contract;

x. Other documented good cause that Sound Transit determines compels the termination of the Small Business. Good cause does not exist if the

Contractor seeks to terminate a Small Business it relied upon to obtain the contract so the Contractor or one of its affiliates can self-perform the work for which the Small Business contractor was engaged or so the Contractor can substitute another Small Business or non-Small Business contractor after contract award.

16. The Contractor shall submit reports, documents, and records, including, but not limited to participation by Small Businesses in a manner required by Sound Transit. This may include, but is not limited to, Affidavits of Amounts Paid and online submittal using B2GNow - or any other reporting system as determined by Sound Transit.

a. With each payment request, including the final payment request, the Contractor shall submit reports, documents and records regarding participation by Small

Businesses on forms as may be provided by Sound Transit.

b. Within 30 days of the execution of this contract, and within seven (7) days of execution of amendments/change orders, the Contractor shall submit to Sound

Transit digital copies of contractual agreements the Contractor has executed with subcontractors.

17. Sound Transit may request Bidders to submit documentation of their outreach efforts at any time during the IFB process, including after contract award.

18. In determining whether a Small Business Bidder has met a contract goal, Sound Transit will count the work the Small Business has committed to perform with its own forces as well as the work it has committed to be performed by other Small Businesses. If modifications are executed which increase the Contract price, the Contractor shall make Good Faith Efforts to meet or exceed the Contractor's Small Business Commitment when negotiating and performing said modifications.

F. APPRENTICE UTILIZATION

For contracts where the Engineer’s estimate or the Bidder’s Total Bid Price is $1,000,000 or more, the Apprentice Utilization Goal applies and is set forth in Section 00 73 33 Labor

Compliance Manual in this IFB. The Bidder, by submitting a Bid is thereby certifying that, if awarded the Contract, it shall make good faith efforts to locate, qualify and increase the skills of the region’s labor force by using apprentices on the Contract and to comply with the

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Issued for Bid apprenticeship provisions contained in Section 00 73 33 Labor Compliance Manual. The apparent low Bidder shall verify its intent to utilize good faith efforts to comply with these provisions by executing the Certification of Intent Regarding Apprentice Utilization, contained in

Section 00 45 00 Representations and Certifications in this IFB.

ARTICLE 2 PREPARATION AND SUBMITTAL OF BIDS

2.01 FORM OF BID

A. Bids shall be made on the forms provided in Section 00 41 00 Bid Forms of this IFB.

B. The Bid Form shall be completed in its entirety and prices entered for each Bid item and a total in the extended price column.

C. Bids that contain omissions, erasures or irregularities of any kind may be deemed non-responsive and rejected. Any qualification, addition, limitation or provision attached to or contained in a Bid may render the Bid non-responsive.

D. No verbal, facsimile, electronic, telegraphic, or telephonic Bids or modifications will be considered.

E. The Bid shall be signed by a person authorized to legally bind the Bidder.

F. If the Bid is made 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. If the Bid is made by a partnership or joint venture, a certified copy of the resolution or agreement empowering such representative to execute the Bid and bind the firm, partnership or joint venture shall be furnished upon request to Sound Transit.

G. A Bidder, upon request of Sound Transit, shall provide copies of Articles of Incorporation, partnership or joint venture agreements, and any other documents evidencing the legal status of the Bidder and the authority of the officer signing the Bid and executing the Contract.

2.02 SUBMISSION AND RECEIPT OF BIDS

A. Bidders shall submit bids electronically through the Sound Transit Vendor Portal System at http://vendorportal.soundtransit.org on or before the date and time specified in Section 00 11

16 Invitation for Bids.

1. Bid submittal shall contain the forms identified in the Bid Forms Checklist contained in

Section 00 41 00 Bid Forms.

2. Bid submittal shall be submitted electronically labeled with the IFB Number, Project Title and the Bidder's name.

3. As soon as practical after the deadline for receipt for Bids, Bids that are properly submitted will be publicly opened and read aloud.

http://vendorportal.soundtransit.org/

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Issued for Bid

B. Sound Transit will not accept Bids after the time specified for receipt of Bids in Section 00 11 16

Invitation for Bids. Sound Transit will keep Bids unopened until the time of the Bid Opening.

C. Not Used

D. Sound Transit reserves the right to postpone the date and time for submittal of Bids at any time prior to the Bid Opening or to delay or reschedule the Bid Opening for its own convenience.

E. Timeliness of Bid submittals will be determined by Sound Transit’s Vendor Portal System.

F. Sound Transit reserves the right to cancel, revise, or amend this IFB and associated bidding documents up to the time specified for receipt of Bids in Section 00 11 16 Invitation for Bids.

2.03 TOTAL BID PRICE

The Total Bid Price, as shown on the Bid Form shall include all costs for the performance and completion of the Work and fulfillment of the Contract, including but not limited to, furnishing all labor, materials, equipment, tools, transportation, plant and other facilities, and all management, superintendence, services, field design, and all operations necessary to perform and complete the Work within the

Contract Time.

2.04 RULE 171 TAX EXEMPTION

A. Rule 171 – Sound Transit has determined that it is exempt from retail sales tax on all of the

Work to be performed under this Contract pursuant to RCW 82.04.050(10) and WAC 458-20-171

("Rule 171"). The tax exemption under RCW 82.04.050(10) and Rule 171 applies to any work under a contract for the construction of a mass transportation facility within a right of way owned by Sound Transit, which is all the Work described in the Contract Documents.

B. Rule 171 – Pursuant to Rule 171, Bidders/Contractors are considered the consumer of all materials, equipment and supplies, including prefabricated and pre-cast items, purchased, used or consumed by them in performing the Work. Bidders/Contractors should pay the applicable sales/use tax on all taxable items and include Washington State retail sales tax in the various Bid item prices or lump sum amounts.

C. No increase will be made to the amount to be paid by Sound Transit to Contractor under this

Contract because of any misunderstanding by, or lack of knowledge of, the Bidder/Contractor as to liability for, or the amount of, any taxes.

D. Rule 171 – If a Bidder has questions regarding the application of Rule 171, the Bidder should contact the Washington State Department of Revenue.

2.05 BID GUARANTY

A. The Bid shall be accompanied by a Bid Guaranty in the amount equal to five percent (5%) of the

Total Bid Price.

B. The form of the Bid Guaranty may be a…