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HomeMy WebLinkAbout01.1 Instructions to BiddersINSTRUCTIONS AND INFORMATION TO BIDDERS Receipt of Bids. Bids must be submitted on the forms provided herewith, all blanks of which must be appropriately filled in. Bids may be submitted electronically via email to ecoler@cityofpt.us 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 Any bid may be withdrawn prior to the scheduled time for opening of bids or authorized postponement thereof. No bid or proposal may be withdrawn after the time set for the bid opening or before award of contract, unless said award is delayed for a period exceeding 45 days.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. Bid Document Cover Sheet Exhibit A - Bid Proposal Exhibit B — Responsible Bidder’s Criteria Proposals. All bids must be made on the required Bid Proposal from 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. 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. Award of Contract. Contract award or bid rejection will occur within 45 calendar days of bid opening. Execution of Contract. Within 7 calendar days after the award letter date, the successful bidder shall return the signed Contract (Exhibit C) and required insurance & indemnification (Exhibit D) 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: Emily Coler at ecoler@cityofpt.us 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, 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 D. Bidders should pay special note to the insurance requirements and insurance documents required. Payment. Payment will 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 RCW 60.28, 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. (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 will be required to provide the City documentation, Exhibit B demonstrating compliance with the criteria. The bidder must: Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; Gave a current Washington Unified Business Identifier (UBI) number; If applicable: Have Industrial Insurance (workers’ compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW; Have a Washington Employment Security Department number, as required in Title 50 RCW; Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; Not to be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, at the time of the bid solicitation date contractor may not have been found in violation of a Washington State Apprenticeship and Training Counsel requirements for the preceding year. Contractor may not have violated the offsite prefabrication reporting (RCW 39.04.370) requirement more than once as determined by Labor and Industries 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 judgement 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. Retail sales/use tax to be collected from the city on the Contract amount shall be stated separately in the space provided, as applicable, and shall not be included in the unit or lump sum prices stated in the Proposal. The amount of retail sales tax stated will not be considered as a competitive bid item and will be considered to be an estimate only. 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 (RCW 39.04, RCW 39.12, RCW 43.19, and RCW 49.38). 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: http://www.lni.wa.gov/TradesLicensing/PrevWage/IntentAffidavits/default.asp The applicable prevailing wages for this project have an effective date of 5/28/2020 and are available Electronically from Washington State Department of Labor & Industries and can be found at: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 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.