WMW_Culvert_Replacements___SB_18C_Drainage_Improvement.pdf

CITY OF MERCER ISLAND

ADVERTISEMENT FOR BIDS

2026-AFB-026

WMW CULVERT REPLACEMENTS & SB 18C DRAINAGE IMPROVEMENT

RELEASE DATE: August 4, 2026

RESPONSE DEADLINE: August 24, 2026, 4:00 pm

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

Table Of Contents

1. ADVERTISEMENT FOR BIDS

2. TIMELINE

3. SCOPE OF WORK

4. INSTRUCTIONS TO BIDDERS

5. BIDDER'S CHECKLIST

6. PREVAILING WAGES

7. BID FORM

8. REQUIRED BID FORMS

9. GENERAL TERMS AND CONDITIONS

10. ATTACHMENTS

A - Sample_Public_Works_Contract_10.06.2025

B - Performance Bond

C - Payment Bond

D - Retainage Agreement

E - Sample Certificate of Insurance

G - W-9 Form_3.2024

H - WMW Culvert Replacements & SB 18C Drainage Improvement - Bid Plans

I - WMW Culvert Replacements & SB 18C Drainage Improvement - Bid Specs

1. ADVERTISEMENT FOR BIDS

1.1. Notice

Project Title: WMW Culvert Replacements & SB 18C Drainage Improvement

Bid Number: 2026-AFB-026

Engineers Estimated Cost: $450,000 - $500,000

Bidders shall submit their bids through the Procurement Portal at https://procurement.opengov.com/portal/mercerislandwa.

Sealed bids must be received electronically by the City no later than 4:00 pm on Monday, August 24, 2026. Contractors are responsible for allowing sufficient time for electronic transmission to ensure timely receipt. Late submittals will not be accepted. There will be no public bid opening. Bid results will be posted on the Procurement Portal.

Project Information:

Work to be performed under this contract includes but is not limited to: Installing new drainage facilities on SE 32nd

Street and replacing culverts in multiple locations along West Mercer Way

Contractor-Initiated Site Visit:

No City-led pre-bid meeting will be held for this project.

Prospective bidders are responsible for independently reviewing the project site and becoming familiar with existing conditions that may affect the work.

Contractors may visit the site during publicly accessible hours or as otherwise permitted, at their own initiative and risk. The

City will not conduct a sign-in, track attendance, or provide on-site representation. Submission of a bid constitutes the bidder’s acknowledgment that they have examined the site and are satisfied as to the conditions under which the work will be performed.

Questions:

Contractor questions are to be submitted through the Procurement Portal. The City will receive questions until 4:00 pm on

Wednesday, August 19, 2026. Questions received after this date will not be answered. All questions and responses will be posted in an addendum by Friday, August 21, 2026 through the Procurement Portal.

Additional Information:

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

A bid deposit in the amount of five percent (5%) of the bid total price must accompany each bid.

Title VI:

The City of Mercer Island, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this advertisement and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

Andrea Larson, City Clerk https://procurement.opengov.com/portal/mercerislandwa

Published: Seattle Daily Journal of Commerce – August 4 and 11, 2026

2. TIMELINE

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

Advertisement Date: August 4, 2026

Question Submission Deadline: August 19, 2026, 4:00pm

Question Response Deadline: August 21, 2026, 4:00pm

Bid Due Date: August 24, 2026, 4:00pm

3. SCOPE OF WORK

3.1. Project Plans and Specifications

Please see ATTACHMENTS H and I for project plans and special provisions.

4. INSTRUCTIONS TO BIDDERS

4.1. Eligibility to Bid

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

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

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

C. If applicable:

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

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

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

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

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

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

39.12.065 (3); and

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

https://procurement.opengov.com/portal/mercerislandwa/projects/289133/document?section=2785546

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

G. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48 or 49.52 RCW.

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

4.2. Subcontractor Responsibility Criteria

The Bidder must verify responsibility criteria for each first-tier subcontractor, and each subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. Upon request of the City the Bidder shall promptly provide documentation to the City demonstrating that the subcontractor(s) meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier.

At the time of subcontract execution, the Bidder shall verify that each of its first-tier subcontractors meets the following bidder responsibility criteria:

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

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

C. If applicable:

1. Have Industrial Insurance (workers’ compensation) coverage for the subcontractor’s employees working in

Washington, as required in Title 51 RCW; and

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

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

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

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

D. Not be disqualified from bidding on any public works contract under RCW 39.06.010, RCW 39.12.050, RCW 39.12.055, or RCW 39.12.065 (3); and

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

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

G. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48 or 49.52 RCW.

H. Key personnel must hold an appropriate license in the applicable discipline.

4.3. Examination of Plans, Specifications, and Site

Each bidder is instructed to examine the Plans, Specifications, Addenda, the site of the proposed improvements, and conduct any other examination and investigation which the bidder may desire to make as to the accuracy of the nature of the work and the difficulties to be encountered. The Bidder shall be responsible for all costs associated with these additional examinations including all restoration work and damages which may be a result of such investigation. Bidders shall consider

Federal, State, and local laws and regulations that may affect cost, progress, or performance of the work.

4.4. Questions and Interpretation of Contract Documents

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

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

The City will accept questions until Wednesday, August 19, 2026 at 4:00 pm. Questions received after this deadline will not be answered. All responses will be posted through the Procurement Portal by Friday, August 21, 2026 at 4:00 pm.

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

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

4.5. Wages

This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits and other requirements. Bidders shall examine and be familiar with such requirements. No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by the Bidder or a failure to include in Bidder’s price adequate increases in such wages during the performance of this Contract. Current prevailing wage rates for King County can be obtained from the Washington State Department of

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

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

4.6. Progress and Completion

Time is of the essence for this Project. Progress and completion of the Work shall comply with all requirements herein, and intermediate and final completion dates as may be set forth in the specifications. The submission of a bid constitutes the

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

4.7. Time and Limitations

The project timeline and work limitations for this contract are:

A. The contract is tentatively scheduled for City Council award after the council meeting on September 1, 2026.

B. A preconstruction meeting is tentatively planned for the week of September 7, 2026.

C. Notice to Proceed is anticipated the week of September 21, 2026.

D. Start of construction will be determined at preconstruction meeting.

E. Local access through SE 32nd St between 60th Ave SE & West Mercer way including all adjacent roadways, and along W Mercer Way from 4848 W Mercer Way to 5236 W Mercer Way must be maintained during construction at all times.

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

F. No major construction work shall occur on any federal holiday or times explicitly prohibited in the right-of-way use permit.

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

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

If awarded the Contract, the Bidder shall fully comply with all such environmental protection laws, ordinances and regulations dealing with prevention and environmental pollution and the preservation of public natural resources that may be applicable to this Project. The cost of such compliance shall be included in the bid prices.

4.9. Bid Form

The Bid Form is included in the Contract Documents. Bids that contain omissions, erasures or irregularities of any kind may be rejected. Any qualification, addition, limitation or provision attached to or contained in a bid may render the bid non-responsive and not eligible for award. No oral, facsimile, telegraphic or telephonic bids or modifications will be considered.

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

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

B. By a partnership or joint venture, it shall contain the names of each partner, the mailing address of the partnership or joint venture and shall be signed in the firm name, followed by the signature of the person signing, indicating that person’s position in the partnership or joint venture;

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

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

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

4.10. Contractor-Initiated Site Meeting

No City-led pre-submittal meeting will be held for this project. Contractors may visit the site during publicly accessible hours or as otherwise permitted, at their own initiative and risk. The City will not conduct a sign-in, track attendance, or provide on-site representation.

4.11. Acknowledgement of Addenda

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

4.12. Bid Security

The Bid shall be accompanied by a bid deposit in the amount equal to at least 5% of the Total Bid Price. The bid deposit shall be in one of the following formats and made payable to the City:

A. A bid guaranty bond, in accordance with and using a form acceptable to the City which contains provisions substantially similar to those in the bid bond form included with the Contract Documents, duly completed by a guaranty company authorized to carry on business in the state of Washington; or

B. A postal money order, a certified check, or cashier’s check drawn upon a banking institution with a branch office in the state of Washington. For bid guarantees submitted in either of these forms, the original must be mailed or delivered to Zechariah Rodino at 9611 SE 36th Street, Mercer Island, WA 98040 by Monday, August 24, 2026 at 4:00 pm.

C. The surety signing the bid guaranty bond shall be registered with the Washington State Insurance Commissioner, and the surety’s name shall appear in the current Authorized Insurance Company List in the State of Washington published by the Office of the Insurance Commissioner. A Power of Attorney must accompany the bid guaranty bond and must appoint the surety’s true and lawful attorney-in-fact to make, execute, seal and deliver the bid guarantee bond. Failure to submit the required bid security with the Bid shall render the bid non-responsive and the Bid shall be rejected.

4.13. Non-Collusion

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

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

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

4.14. Delivery of Bid

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

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

4.15. Modification of Bid

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

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

4.16. Return of Bid Security

After the bid prices have been compared, the City may return the bid security if, in the City’s judgment, the Bidder would not be considered for award. All other Proposal Guarantees will be held until the Contract and the Performance Bond of the successful bidder have been executed.

4.17. Evaluation of Bid and Bid Errors

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

Irregular Bids:

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

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

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

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

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

5. The Bid Form is not properly executed;

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

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

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

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

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

3. Receipt of Addenda is not acknowledged;

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

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

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

Bid results will be posted on the Procurement Portal.

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

4.18. Evaluation of Bidder Responsibility

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

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

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

2. Have a satisfactory performance record;

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

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

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

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

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

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

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

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

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

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

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

4.19. Determination of Non-Responsibility

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

Bidder may appeal the determination within ten (10) days of its receipt of the City’s determination of non-responsibility by presenting additional information to the City. The City shall consider the additional information before issuing its final determination. If the City’s final determination affirms that the Bidder is not responsible, the City shall not execute a contract with any other bidder until two (2) business days after the Bidder determined to be not responsible has received the final determination.

4.20. Contract Award

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

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

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

4.21. Rejection of All Bids

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

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

4.22. Execution of Contract

The Bidder to whom award is made shall execute a written Public Works Contract with the City on the form provided, including any Addenda and any other Exhibits attached thereto, shall secure all insurance, and shall furnish all certificates, endorsements and bonds required by the Contract Documents within ten (10) calendar days after receipt of the forms from the City. Failure or refusal to execute the Public Works Contract, including any Addenda and any other Exhibits attached thereto, as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Public Works Contract, including any Addenda and any other Exhibits attached thereto, the City may award the

Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Public Works Contract, including any Addenda and any other Exhibits attached thereto, the City may award the contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest

Bidder to execute the Agreement, including any Addenda and any other Exhibits attached thereto, each such Bidder's Bid securities shall be likewise forfeited to the City.

4.23. Bid Protest Procedures

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

98040. The Protest shall include the following:

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

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

3. The specific ruling or relief requested; and

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

B. Who May Protest:

1. Protests based on specifications: Any prospective Bidder.

2. Protests following Bid opening: Any Bidder with a substantial financial interest in the award of a Contract.

C. Time to Protest:

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

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

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

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

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

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

City.

G. Venue. By submitting a bid, the Bidder acknowledges and agrees that a lawsuit or action related to or arising out of this procurement shall be brought in the Superior Court of King County, Washington.

5. BIDDER'S CHECKLIST

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

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

B. SUBCONTRACTORS LISTING FORM - RCW 39.30.060: Bidder shall list as part of its Bid either itself or the names of the subcontractors with whom the Bidder, will subcontract for performance of the work of heating, ventilation, and air conditioning ("HVAC"), plumbing, and electrical, or to name itself for the work.

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

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

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

F. BID GUARANTY BOND: Failure to furnish a bid deposit of a minimum of five percent (5%) shall make the bid non-responsive and not eligible for award.

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

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

The SUCCESSFUL BIDDER shall properly complete, execute (as required), and submit the following documents after receiving the Notice of Award for the Project. Refer to the forms provided as ATTACHMENTS.

A. Sample Public Works Contract

B. Performance Bond

C. Payment Bond

D. Retainage Agreement , https://procurement.opengov.com/portal/mercerislandwa/projects/289133/document?section=2785540 https://procurement.opengov.com/portal/mercerislandwa/projects/289133/document?section=2785541

E. Sample Certificate of Insurance

F. W-9 Form

G. City of Mercer Island Business License

H. Statement of Intent to Pay Prevailing Wages, and

I. Other documents requested by the City.

6. PREVAILING WAGES

The State of Washington prevailing wage rates for King County apply to work performed under this contract. The applicable prevailing wage rates may be found at the following website address of the Department of Labor and Industries:

https://secure.lni.wa.gov/wagelookup/

Based on the bid submittal date for this project, the applicable date for prevailing wages for this project is Monday, August 24, 2026. A copy of the applicable prevailing wage rates are also available for viewing at the City of Mercer Island, Public Works

Building located at 9601 SE 36th Street.

7. BID FORM

All rates and pricing submitted shall include all costs, including but not limited to all wages, benefits, the cost of tools, equipment, ancillary supplies, overhead, profit, bonds, taxes, and other administrative fees associated with the performance of this contract. Washington State Prevailing Wage rates for King County shall apply. Contractor, and all subcontractors, must obtain a valid City of Mercer Island Business License.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Minor Change 1 EST

2 Mobilization 1 LS

3 Traffic Control Labor 500 HR

4 Clearing and Grubbing 110 SY

5 Sawcut, Full Depth >12 in. 155 LF

6 Remove Catch Basin Type 1 1 EA

7 Remove Catch Basin Type 2 1 EA

8 Remove Abandoned Water Main Pipe 15 LF

9 Controlled Density Fill 10 CY

10 Utility Support System 1 FA https://secure.lni.wa.gov/wagelookup/ https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

Line Item Description Quantity Unit of

Measure Unit Cost Total

11 Crushed Surfacing Top Course (or

Base Course)

770 TON

12 Planing Bituminous Pavement 1,135 SY

13 Commercial HMA 420 TON

14 Pothole Existing Utility 5 EA

15 Ductile Iron Storm Sewer Pipe, 12 in.

Diam.

200 LF

16 HP Storm Pipe, 12 in. Diam. 290 LF

17 Adjust Manhole 4 EA

18 Adjust Catch Basin 1 EA

19 Catch Basin Type 1 3 EA

20 Catch Basin Type 2 48 in. Diam. 3 EA

21 Catch Basin Type 2 48 in. Diam. w/

Flow Splitter

1 EA

22 Replace Catch Basin Grate with

Beehive Grate

1 EA

23 Furnish and Install New Catch Basin

Frame and Solid Lid

1 EA

24 Shoring or Extra Excavation Class B 1 LS

25 Adjust Valve Box 6 EA

26 Reinforced Pre-Liner 65 LF

27 Storm Sewer CIPP 12 in. Diam. 65 LF

28 CCTV Inspection 1 EA

29 Temporary Stormwater System

Bypass

345 LF

30 Inlet Protection 3 EA

Line Item Description Quantity Unit of

Measure Unit Cost Total

31 Erosion/Water Pollution Control 1 FA

32 Property Restoration 1 FA

33 Cement Conc. Traffic Curb and Gutter 43 LF

34 Cement Conc. Pedestrian Curb 34 LF

35 Raised Pavement Marker Type 1 80 EA

36 Raised Pavement Marker Type 2 8 EA

37 Cement Conc. Sidewalk 5 SY

38 Cement Conc. Curb Ramp Type

Parallel A

1 EA

39 Quarry Spalls 5 TON

40 Paint Line, 4 in. White 250 LF

41 Plastic Stop Line 28 LF

TOTAL

8. REQUIRED BID FORMS

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

1. Bidder Declaration and Understanding*

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

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

☐ Please confirm

*Response required

2. Start of Construction and Contract Completion Time*

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

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

By submitting this bid, the bidder agrees that, if awarded this contract, they will achieve Final Completion within 40 working days from the Notice to Proceed and the Substantial Completion Date will be 10 calendar days prior to the Final Completion Date.

☐ Please confirm

*Response required

3. Project Timeline and Work Limitations:*

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

☐ Please confirm

*Response required

4. Lump Sum or Unit Price Work*

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

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

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

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

https://procurement.opengov.com/portal/mercerislandwa/projects/289133/document?section=undefined https://procurement.opengov.com/portal/mercerislandwa/projects/289133/document?section=undefined https://procurement.opengov.com/portal/mercerislandwa/projects/289133/document?section=undefined https://procurement.opengov.com/portal/mercerislandwa/projects/289133/document?section=undefined

☐ Please confirm

*Response required

5. Contractor Initiated Pre-Bid Walk Through*

Please confirm that the prime bidder has independently visited the project site, reviewed existing conditions, and accounted for those conditions in preparing their bid.

☐ Please confirm

*Response required

6. Proposal Signature Sheet*

Please download the below document, complete, and upload.

• proposal_signature_sheet_11...

*Response required

7. Subcontractor Listing*

Please download the below document, complete, and upload.

• subcontractor_listing_11.04...

*Response required

8. Non-Collusion Declaration*

Please download the below document, complete, and upload.

• non-collusion_declaration_1...

*Response required

9. Contractor Declaration Form*

Please download the below document, complete, and upload.

• contractor_declaration_form...

*Response required

10. Bidder's Qualification Certificate*

Please download the below document, complete, and upload.

• bidders_qualification_certi...

*Response required

11. Bid Guarantee Bond*

Please download the below document, complete, and upload.

• bond_-_bid_guarantee_bond_1...

*Response required https://government-project.s3.us-west-2.amazonaws.com/217826/f734a1b0-af40-42dd-a13c-5b2b3224d4c5_proposal_signature_sheet_11.04.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/217826/b7e3c885-1af5-4495-848a-37c29ded8514_subcontractor_listing_11.04.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/217826/4dd96ac0-4c17-469f-b2a3-bb5e89cac37a_non-collusion_declaration_11.04.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/217826/eb459ab8-ba85-46ab-b4e3-cf46131fe566_contractor_declaration_form_11.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/217826/ef561021-8579-4996-8f79-7aa538b4cadf_bidders_qualification_certificate_11.04.2024.pdf https://government-project.s3.us-west-2.amazonaws.com/217826/b18260af-5bb1-4989-ad40-e3226a5f8518_bond_-_bid_guarantee_bond_11.04.2024.pdf

12. Do you acknowledge the terms of the Public Works Contract?*

The contract form to be used is the City’s standard Public Works Contract. By submitting a bid proposal, the bidder agrees to the terms and conditions contained in the contract included as an ATTACHMENT. No modifications will be permitted.

☐ Please confirm

*Response required

9. GENERAL TERMS AND CONDITIONS

9.1. TABLE OF CONTENTS

ARTICLE 1 GENERAL PROVISIONS

1.1 DEFINITIONS

1.2 INTENT AND INTERPRETATION OF THE DOCUMENTS

1.3 CLARIFICATION OF DRAWINGS AND DETAIL DRAWINGS

ARTICLE 2 CITY

2.1 AUTHORITY

2.2 INFORMATION SUPPLIED BY CITY

2.3 WORK BY CITY OR SEPARATE CONTRACTORS

ARTICLE 3 CONTRACTOR

3.1 CONTRACTOR REPRESENTATIONS

3.2 GENERAL DUTIES

3.3 DUTY TO INSPECT CONTRACT DOCUMENTS

3.4 CONTRACTOR’S SUPERVISION AND EMPLOYEES

3.5 SUBCONTRACTORS AND SUPPLIERS

3.6 SCHEDULE OF WORKING HOURS

3.7 RECORD DOCUMENTS

3.8 COST RECORDS

3.9 MAINTENANCE AND INSPECTION OF DOCUMENTS

3.10 MAINTENANCE AND SITE CLEANUP

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

3.12 PERMITS, LAWS, REGULATIONS AND TAXES

3.13 PATENTS AND ROYALTIES

3.14 CONTRACTOR’S CERTIFICATION

3.15 DEVIATION FROM CONTRACT

3.16 OPERATIONS, MATERIAL HANDLING, AND STORAGE AREAS

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

3.18 PROTECTION OF PERSONS

3.19 SAFETY PROGRAM

3.20 ARCHAEOLOGICAL AND HISTORICAL PRESERVATION

3.21 WATER POLLUTION CONTROL REQUIREMENTS

3.22 EASEMENTS

3.23 TITLE VI / NONDISCRIMINATION ASSURANCES

3.24 APPRENTICESHIP

ARTICLE 4 ADMINISTRATION OF THE CONTRACT

4.1 TIME OF ESSENCE

4.2 WORK PROGRESS

4.3 SCHEDULE OF VALUES

4.4 PROJECT SCHEDULE

4.5 SUBMITTALS

4.6 REQUESTS FOR INFORMATION

4.7 TESTS, INSPECTIONS, AND ACCESS TO THE WORK

4.8 CORRECTION OF WORK OR DAMAGED PROPERTY

4.9 SUBSTITUTION OF PRODUCTS & PROCESSES

4.10 INCREASED OR DECREASED QUANTITIES

ARTICLE 5 CHANGES TO THE CONTRACT

5.1 GENERAL

5.2 CONTRACTOR’S REQUEST FOR A CHANGE ORDER

5.3 DIFFERING SITE CONDITIONS

5.4 SUSPENSION OF WORK

5.5 FORCE MAJEURE

5.6 CHANGE ORDERS

5.7 CITY REQUEST FOR A CHANGE PROPOSAL

ARTICLE 6 TIME AND PRICE ADJUSTMENTS

6.1 CHANGE IN THE CONTRACT TIME

6.2 CHANGE IN THE CONTRACT PRICE

6.3 METHOD TO CALCULATE ADJUSTMENTS TO CONTRACT PRICE

6.4 ALLOWABLE COSTS

ARTICLE 7 PAYMENT AND COMPLETION

7.1 APPLICATIONS FOR PAYMENT

7.2 PAYMENTS

7.3 PAYMENT WITHHELD

7.4 TITLE

7.5 SUBSTANTIAL COMPLETION

7.6 FINAL INSPECTION

7.7 REQUIREMENTS FOR FINAL APPLICATION FOR PAYMENT

7.8 COMPLETION/FINAL ACCEPTANCE

7.9 WARRANTY AND GUARANTY

7.10 PRIOR OCCUPATION

ARTICLE 8 TERMINATION

8.1 CITY’S RIGHT TO TERMINATE CONTRACT

8.2 CITY’S RIGHT TO STOP THE WORK FOR CAUSE

ARTICLE 9 CLAIMS AND LITIGATION

9.1 CONTRACTOR CLAIMS

9.2 CONTRACTOR’S BURDEN OF PROOF ON CLAIM

9.3 LITIGATION

ARTICLE 10 MISCELLANEOUS

10.1 COMPENSATION, WAGES, BENEFITS AND TAXES

10.2 PREVAILING WAGES

10.3 SUCCESSORS AND ASSIGNS

10.4 THIRD PARTY AGREEMENTS

10.5 NONWAIVER OF BREACH

10.6 NOTICE TO CITY OF LABOR DISPUTES

10.7 HEADINGS

10.8 CHOICE OF LAW

10.9 SEVERABILITY

9.2. ARTICLE 1 GENERAL PROVISIONS

1.1 DEFINITIONS

A. “Addendum” or “Addenda.” Alteration or clarification of the plans or specifications provided to bidders by City prior to bid time, which becomes part of the Contract Documents when the Contract is executed.

B. “Apprentice” is an apprentice in an apprenticeship program approved or recognized by the Washington State

Apprenticeship and Training Council (WSTAC).

C. “Apprentice Utilization Requirement” is the minimum percentage of overall Labor Hours that must be worked by

Apprentices for contracts subject to the Utilization Program.

D. “Claim.” A written demand by the Contractor seeking (1) a change to Contract Price; (2) a change of Contract Time;

(3) a payment of money or damages; and/or, (4) any other relief arising out of or relating to this Contract.

E. “Change Order.” A written instrument designated to be a Change Order which alters the Contract, and identifies the following: (1) a change in the Work; (2) a change in Contract Price; and/or (3) a change in Contract Time.

F. “Change Proposal.” A document prepared by the Contractor at the request of City, which proposes changes to the

Work and/or changes to the Contract Price and/or Contract Time. City initiates all requests for Change Proposals.

G. The “Contract” or “Contract Documents.” The entire integrated agreement between City and the Contractor for the performance of the Work in accordance with the Contract Documents. The Contract Documents include the following:

1. The signed Agreement between City and Contractor (the “Public Works Contract”);

2. The Contractor’s completed Bid Form;

3. The City’s General Terms and Conditions (November 2024 ed.);

4. Any Supplemental or Special Conditions;

5. Technical Specifications;

6. Drawings;

7. Addenda; and

8. Any Change Orders.

H. “Contract Execution.” occurs when City Manager or his/her designee signs the Contract, which shall only occur after the Contractor signs the Contract.

I. “Contract Price” means the total amount payable by City to the Contractor for performance of the Work in accordance with the Contract.

J. “Contract Time.” The number of days or the specific date set forth in the Contract to achieve Substantial Completion of the Work.

K. “Contract Work” or “Work.” The labor, supervision, materials, equipment, supplies, services, other items, and requirements of the Contract necessary for the execution, completion and performance of all requirements of the

Contract by the Contractor to the satisfaction of City.

L. “Contractor.” The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, contracting with City to do the Contract Work.

M. “Critical Path.” The longest, continuous sequence of interrelated activities that begins at the start of the Project

(Notice to Proceed) and extends to Substantial Completion of the Project. These activities are critical because delay to an activity on this path will extend Contract Time.

N. “Day.” A calendar day, unless otherwise specified.

O. “Differing Site Conditions.” (1) Subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract Documents (Type I), or (2) Unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the construction activities of the character provided for in the Contract (Type II).

P. “Engineer.” The City representative who administers the Contract for the City.

Q. “Final Acceptance.” Written acceptance of the Project by City.

R. “Force Majeure.” An event that is unforeseeable at the time of Contract Execution and that is beyond the reasonable control of the Contractor and City and includes:

1. Natural Disaster declared by Governor of Washington or President of the United States, including but not limited to earthquakes;

2. Acts or omissions of any government entity acting within its governmental capacity;

3. Fire and/or flood for which the Contractor or its Subcontractors is not responsible;

4. Quarantine or epidemic;

5. Strike or defensive lockout;

6. Unusually Severe Weather Conditions; and

7. Acts of terrorism.

S. “Good Faith Effort (GFE)” is a detailed description of the effort made by a Contractor to meet the Apprenticeship

Utilization Requirement for a project through good faith including but not limited to specific steps as described elsewhere in this specification. If a contractor is not meeting the Apprenticeship Utilization Requirement but can demonstrate they have put in a good faith effort to do so, they can qualify for a reduction or waiver of the requirement.

T. “Hazardous Material.” Any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable material, explosive material, radioactive material, urea formaldehyde foam insulation, asbestos, PCBs, or any other substances the removal of which is required, or the manufacture, preparation, production, generation, use, maintenance, treatment, storage, transfer, handling, or shipment of which is restricted, prohibited, regulated, or penalized by any and all federal, state, City, or municipal statutes or laws and regulations promulgated thereunder, now or at any time hereafter in effect, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (42 U. S. C. §§ 9601, et seq.), the Hazardous Materials Transportation Act (49 U. S. C. §§ 1801, et seq.), the Resource Conservation and

Recovery Act (42 U. S. C. §§ 6901, et seq.), the Federal Water Pollution Control Act (33 U. S. C. §§ 1251, et seq.), the

Clean Air Act (42 U. S. C. §§ 7401, et seq.), the Toxic Substances Control Act, as amended (15 U. S. C. §§ 2601, et seq.), the Occupational Safety and Health Act (29 U. S. C. §§ 651, et seq., and the Model Toxics Control Act (RCW 70.105), or similar state or local statute or code), as the laws have been amended and supplemented.

U. “City” or “Owner” may be used interchangeably and refer to the City of Mercer Island.

V. “Labor Hours” are the total hours performed by all workers receiving an hourly wage who are directly employed upon the project and who are subject to state and federal prevailing wage requirements, including hours performed by…