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HomeMy WebLinkAboutRainier Street Regional Stormwater Addendum No. 2Addendum �� � �������������� o���" �� for Construction of ��^K�~��������������K�~����U �������������� ^^~^^^^^~~^ ~~~^^~^~� ^~~~u�^^~^'^~^ ~~~~~^ ^^^~^`��~~' City of Port Townsend Work Order 8028 Prepared by: City ofPort Townsend Department of Public Works 2S0Madison Street, Suite 2R Port Townsend, VVAg8368 The above mentioned CONTRACT PROVISIONS AND PLANS has been reviewed and approved for advertisement. Such review includes all plans, specifications, and permitsassociated with the project. Prepared by: Sarah Tiffany Checked by: Addendum No.2 Page 1 of 4 Rainier St. Regional Stormwater ADDENDUM NO. 2 TO THE CONTRACT PROVISIONS AND PLANS FOR CONSTRUCTION OF Rainier Street Regional Stormwater City of Port Townsend Work Order No. 8028 ISSUED: April 17, 2020 BID OPENING: 2:00 PM April 22, 2020 Acknowledge receipt of this Addendum on the Bid Proposal (Exhibit A), Page 1. TO PROSPECTIVE BIDDERS: The attention of all prospective bidders on the above project is directed to the following modifications and additions to the Contract Documents, which are hereby made a part of the Contract Provisions and Plans. MANUAL COVER. BID SUBMITTAL COVER SHEET AND TABLE OF CONTENTS Add Instructions and Information for Bidders under I. INFORMATION FOR BIDDERS Add Exhibit J-Insurance& Indemnity Requirements under IV. CONTRACT FORMS PART I — CALL FOR BIDS No Change PART II — CONTRACT SPECIFICATIONS No Change PART III - BID FORMS Addendum No. 2 Page 2 of 4 Rainier St. Regional Stormwater Bid Proposal Revised PART IV — CONTRACT FORMS No Change PART V—APPENDICES No Change Bidders shall furnish the City of Port Townsend with evidence of receipt of the Addendum. This Addendum will be incorporated in the contract when awarded and when formally executed. Any questions please contact David L. Peterson, P.E. at dpeterson@cityofpt.us. David Peterson, P.E. City Engineer City of Port Townsend Attachments: Instructions and Information for Bidders Bid Proposal Exhibit J — Insurance & Indemnity Requirements for Construction Projects Addendum No. 2 Page 3 of 4 Rainier St. Regional Stormwater Attachments Instructions and Information for Bidders Exhibit A - Bid Proposal Exhibit J — Insurance & Indemnity Requirements for Construction Projects Addendum No. 2 Page 4 of 4 Rainier St. Regional Stormwater INSTRUCTIONS AND INFORMATION FOR BIDDERS Receipt of Bids. Bids must be submitted on the forms provided herewith, all blanks of which must be appropriately filled in. The bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, the date submitted, and the name of the bid being submitted and mailed to the City Clerk's Office. Withdrawal of Bids. Any bid may be withdrawn prior to the scheduled time for opening of bids or authorized postponement thereof. No bid or proposal may be withdrawn after the time set for the bid opening or before award of contract, unless said award is delayed for a period exceeding 45 days. Late Bids. Any bid received after the time and date specified shall not be considered. Bid Documents. Each bid must be accompanied by the following completed forms executed as required. Exhibit A - Bid Proposal Exhibit B - Responsible Bidder's Criteria Exhibit D — Proposal Bond Form Exhibit E - Certification of Compliance with Wage Payment Statues Proposals. All bids must be made on the required Bid Proposal and must include the required bid documents. All blank spaces for bid prices must be filled in, in ink or typewritten, and the Bid Proposal must be fully completed and executed when submitted. Only one copy of the bid is required. Basis of Award. The City will select and award the Contract to the lowest responsive, responsible bidder. If at the time this contract is to be awarded, the lowest acceptable Bid exceeds the funds then estimated by the City as available, the City may reject all Bids or take such other action as best servers the City's interest. If the Bid Proposal form includes alternatives, City may accept all, part, or none of the listed alternative bids. Apparent low bidder selection may be based on the total of the base bid plus those alternative bids the City chooses to accept (at the sole discretion of the City.) Waiver or Rejection. The City may waive any informality or minor defect or reject any and all bids at any time. Informalities in bids are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible, and waiver of the informality does not grant the bidder a competitive advantage. Instructions and Information to Bidders Page 1 of 6 Rainier St. Regional Stormwater Award of Contract. Contract award or bid rejection will occur within 45 calendar days of bid opening. Execution of Contract. Within 30 calendar days after the award letter date, the successful bidder shall return the signed Contract (Exhibit F) and required insurance & indemnification (Exhibit J) and bond(s) as required by the Contract documents. Bidder Familiarity with Requirements. Bidders must satisfy themselves of the accuracy of estimated quantities, specifications and contract requirements, by personal examination of any plans, specifications, all bid and contract documents, the site or sites or location of the proposed work, and by any other examination or investigation which they may desire to make as to the nature of the contract requirements or any difficulties to be encountered. The failure or omission of any bidder to do any of the foregoing shall in no way relieve any bidder from any obligation in respect to his bid, and the bidder shall not assert that there was a misunderstanding concerning the work or of the nature of the work to be done, or of the requirements of the contract. Attorneys -in -Fact. Attorneys -in -fact who sign a Performance Bond must file a certified and effective dated copy of their Power of Attorney with the bond. Notice to Proceed. A Notice to Proceed shall be issued within 90 days of bid opening. Should there be reasons why the Notice to Proceed cannot be issued within such period, time may be extended by mutual agreement between the City and the Contractor. If the Notice to Proceed has not been issued within 90 days or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of each party. Qualifications of Bidders. The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence is submitted by or an investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out obligations of the contract and to complete the work contemplated therein. Applicable Law. All applicable laws, ordinances and the rules and regulations of all authorities having jurisdictions over the City or of the work to be performed by the contractor shall apply to the contract throughout, and the bidder shall be required to be familiar with and comply with any such laws, ordinances, rules and regulations. Conditional or Qualified Bids. A conditional or qualified bid will not be accepted. Corrections. Interpretations and Addenda. Any omissions, discrepancies, or need for interpretation should be brought in writing, no later than 3 days before the bid opening date and sent to the attention of the following: Sarah Tiffany at s.0 f a.ir�y cil�.yo.Ptu Written addenda to clarify questions, which should arise, will then be issued if appropriate. All interpretation or explanation of the bid contract documents shall be in the form of an addendum, Instructions and Information to Bidders Page 2 of 6 Rainier St. Regional Stormwater and no oral statements by the City or any other officer, employee or other agent or representative of the City shall in any way modify the contract or bid documents, whether made before or after letting the contract. Insurance Requirements. All bidders will be required, if they are awarded the contract, to provide evidence of insurance in accordance with the requirements set forth in Exhibit J. Bidders should pay special note to the insurance requirements and insurance documents required. Payment. Payment shall be made monthly upon submittal of a pay request for work performed to date as determined by the City. Failure to perform any of the obligations under the contract by Contractor may be decreed by the City to be adequate reason for withholding any payments until compliance is achieved, including withholding amounts from any payment based on substantial completion to cover the City's cost to complete any punch list items. Retainage. Pursuant to Chapter 60.28 RCW, a sum of 5-percent of the monies earned by the Contractor will be retained from pay request. The retainage can be either retained in a fund by the City or deposited by the City in an escrow account in a bank, mutual saving bank, or saving and loan association. At the time the contract is executed the Contractor shall designated the retainage option desired. Performance Bond. A Performance Bond in the amount of 100-percent of the contract price, with a corporate surety, approved by the City, will be required for the faithful performance of the contract. Payment Bond. A Payment Bond in the amount of 100-percent of the contract price, with a corporate surety, approved by the City, will be required for payment of workers and suppliers. Retainage In Lieu of Bonds. On contracts under $150,000, the Contractor may request that the City retain 10-percent of the contract amount in lieu of obtaining a Performance Bond and Payment Bond. Requirements. Bidder must be on the MRSC Small Works Roster and possess a City of Port Townsend business license prior to contract award. Lowest Responsive Responsible Bidder. It is the intent of Owner to award a contract to the lowest responsive and responsible bidder. In accordance with RCW 39.04.350. (SHB 2010/Chapter 133, Laws of Washington 2007), before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required to provide the City documentation demonstrating compliance with the criteria. The bidder must: a. At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; b. Have a current state unified business identifier number; c. If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security Instructions and Information to Bidders Page 3 of 6 Rainier St. Regional Stormwater department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); a) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one- year period immediately preceding the date of the bid solicitation; b) Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and c) 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. Pursuant to Section 3 of SHB 2010/Chapter 133, Laws of Washington 2007, the bidder who is awarded the contract must verify responsibility criteria as listed in 1 - 4 above for each first tier subcontractor, and 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 listed in 1- 4 above and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license, if required by chapter 70.87 RCW. This verification requirement, as well as the responsibility criteria, must be included in the project contract and in each subcontract of every tier. Sales Tax/Use Tax. The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to Instructions and Information to Bidders Page 4 of 6 Rainier St. Regional Stormwater questions in this area. The City will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor -paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) describes this exception. The City will pay the retained percentage only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract -related taxes have been paid (RCW 60.28.051). The City may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. State Sales Tax — Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. State Sales Tax — Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the City, retail sales tax on the full contract price. The City will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Instructions and Information to Bidders Page 5 of 6 Rainier St. Regional Stormwater Exception: The City will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. Services The Contractor shall not collect retail sales tax from the City on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). All other federal, state, and local sales use or other taxes as required by federal, state, or local laws shall be included in the unit prices, lump sum prices, or other prices in the Proposal. Compliance with Labor Standards and Rate of Wage Requirements. The work under this Contract is to be paid for by public funds; therefore, the Contractor shall comply with Washington State prevailing wage laws (Chapter 39.04, 39.12, 43.19, and 49.38 RCW). If awarded the project, the contractor and each subcontractor shall complete or have on file a current "Statement of Intent to Pay Prevailing Wages" (Form L&I Number F700-029-000) before payment will be made for work performed. An "Affidavit of Wages Paid" (Form L&I Number F700-007-000) shall be required upon final acceptance of the public works project by the City. These forms are available from Washington State Department of Labor & Industries and can be filed electronically at: Iha.tp,//wwwAriii., , ov/TradesLiiceirisiiirig/PirevWage/Iln�:aril:Affiidaviit:s/defaullt„asl The applicable prevailing wages for this project have an effective date of 7/11/2019 and are available Electronically from Washington State Department of Labor & Industries and can be found at: https. //:f r.ir�iress..,anr .:,. ov/liriilwagelloolkup/pirvWagelookup„as x All work will be conducted within Jefferson County. A copy of the effective wage reports is available in the Public Works office located at 250 Madison Street, Suite 2R, Port Townsend, WA 98368. A copy will be emailed or mailed to interested contractors upon request. The City does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules. The rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. Instructions and Information to Bidders Page 6 of 6 Rainier St. Regional Stormwater EXHIBIT A BID PROPOSAL Proposal of (Hereinafter called "Bidder"), organized and existing under the laws of the State of, doing business as To the City of Port Townsend ("City"): In compliance with your Invitation for Bids, Bidder hereby proposes to perform all work for the following Project or Contract: Rainier St. Regional Stormwater in strict accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. By submission of this Bid, each Bidder certifies, and in the case of a joint Bid each party thereto certifies as to his own organization, that this Bid has been arrived at independently without consultation, communication or agreement as to any matter relating to this Bid with any other Bidder or with any other competitor. Bidder hereby agrees to commence work under this Contract on or before a date to be specified in the Notice to Proceed. Bidder acknowledges that if the Bid Proposal is made without a requirement for a Bid Deposit, and Bidder is awarded the Contract but fails to execute the Contract, then Bidder shall be disqualified from submitting further Bid Proposals to the City for a period of two years from Notice of Award. Bidder agrees to perform all work as described in the Contract Documents and as shown on the drawings for the Rainier St. Regional Stormwater for the lump sum of: *Estimated Sales Tax Bid Amount Total Bid 9% Base Bid (Schedule A) Bid Alternate 1 Total Addendum 2 Page 1 of 2 Rainier St. Regional Stormwater EXHIBIT A Receipt is hereby acknowledged of Addendum(s) No(s): write "none" if there were no addendums.] [NOTE: 1. If the Bidder is a sole proprietorship, so state and give the name under which business is transacted. 2. If the Bidder is a co -partnership, so state, giving firm name under which business is transacted. 3. If the Bidder is a corporation, this Proposal must be executed by its duly authorized officials. Bidder's Firm Name ME Authorized Signature (required) Bidder's address and Telephone/Fax numbers for Official communications: STATE CERTIFICATE OF REGISTRATION NO. STATE UNIFIED BUSINESS IDENTIFIER NO. Date END OF TEXT Addendum 2 Page 2 of 2 Rainier St. Regional Stormwater EXHIBIT J INSURANCE & INDEMNITY REQUIREMENTS FOR CONSTRUCTION PROJECTS Indemnification / Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to Exhibit J — Insurance & Indemnification Page 1 of 3 Rainier St. Regional Stormwater EXHIBIT J the work performed for the City using ISO additional insured endorsement CO 20 10 1185 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence or $1,000,000 single limit. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receive requested, has been given to the City. The word "endeavor" is not acceptable language regarding the required notification. 3. The insurance policies shall include the City as Additional Named Insured. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk Insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise, F. Acceptability of Insurers Exhibit J — Insurance & Indemnification Page 2 of 3 Rainier St. Regional Stormwater EXHIBIT J Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Exhibit J — Insurance & Indemnification Page 3 of 3 Rainier St. Regional Stormwater