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Bid Documents Cover Sheet - 1
BID DOCUMENT COVER SHEET
Description of Project or Contract: Golf Course Well Pump Installation and Building
BID DEADLINE:
Date: July 8, 2021
Time: 2:00 pm
Place: City of Port Townsend
Finance Department Front Desk
250 Madison Street, Suite #1
Port Townsend, WA 98368
PROPOSAL SUBMITTED BY:
Address:
Telephone:
email:
Table of Contents - 1
TABLE OF CONTENTS
BID DOCUMENT COVER SHEET
TABLE OF CONTENTS
PART 1 - BID FORMS
INVITATION TO BID
INSTRUCTIONS AND INFORMATION FOR BIDDERS
EXHIBIT A - BID PROPOSAL
EXHIBIT B- RESPONSIBLE BIDDING CRITERIA CHECKLIST
PART 2 - CONTRACT FORMS
.............................................................................................................................................
EXHIBIT C - PUBLIC WORKS CONTRACT
EXHIBIT D - INSURANCE AND INDEMNITY REQUIREMENTS
EXHIBIT E - WASHINGTON PERFORMANCE BOND
EXHIBIT F - WASHINGTON PAYMENT BOND
EXHIBIT G - OPTION IN LIEU OF PERFORMANCE BOND AND PAYMENT BOND
FOR PROJECTS $150,000 OR LESS
EXHIBIT H - PREVAILING WAGE RATES
PART 3 – SPECIFICATIONS
Invitation to Bid - 1
INVITATION TO BID
Project Name. The City of Port Townsend will be accepting bids for a project:
Golf Course Well Pump Installation and Building
Project Description. This project includes: Constructing a building, contractor designed electrical
system, and installing a City provided well pump and pump control panel. The construction will
include but is not limited to building construction and mechanical including electrical and plumbing.
Documents. A complete set of contract documents and plans are available at
https://cityofpt.us/publicworks/page/new-bid-opportunities
City representative for this project: Questions may be directed to the project manager, Ian
Jablonski.
City of Port Townsend
Ian Jablonski, Water Resources Operations Manager
250 Madison Street, Suite 2R
Port Townsend, WA 98368
(360) 3815092
ijablonski@cityofpt.us
Questions which may impact the project or bid will be answered, in writing, in the form of an
addendum and distributed to the contractors or firms appearing on the planholder’s list.
Schedule and Completion Time. The successful bidder will have 60 calendar days from the
Notice to Proceed to substantially complete construction.
Liquidated Damages. Liquidated damages for delay of $ 100.00 per day will be assessed for each
day that expires after the date substantial completion is to occur.
Bid Submittal. Only sealed bids will be accepted – See Instructions for Bidders.
Date for Bids. Bids will be accepted until 2:00 pm Wednesday July 8, 2021, Front Desk at City
Hall, 250 Madison Street Suite, #1, Port Townsend, WA 98368. Hours are currently 10:00 am to
1:00 pm M-F. Bids may also be dropped off in the outdoor drop box. Any bids received after the
specified time and date will not be considered.
Prescribed Forms. Each bid must be submitted on the prescribed bid forms.
Right to Reject Bids. The City of Port Townsend reserves the right to reject any and/or all bids,
and to accept the bid deemed most advantageous to the City of Port Townsend and to waive all
informalities and minor irregularities in the bidding.
Dated this 16th day of June 2021
City of Port Townsend, WA
By: John Mauro, City Manager
Instructions and Information for Bidders - 1
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 project for which the bid
is being submitted; if forwarded by mail, the bid must be enclosed in another envelope addressed
to the City of Port Townsend.
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 60 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
Bid Bond or Bid Deposit
Contract. The form of Contract is included in the bid package marked as Exhibit C, which form
shall be used and required of the bidder to be executed for the Contract. The party to whom the
Contract is awarded will be required to execute the Contract, provide insurance (Exhibit D), and to
obtain a Performance Bond (Exhibit E) and Payment Bond (Exhibit F) within 10 calendar days from
the date when Notice of Award is delivered to the bidder.
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 whose proposal, submitting the base bid, or base bid plus any alternatives (if any) selected by
the City, as determined most advantageous to the City.
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.)
Award of Contract. Contract award or bid rejection will occur within 30 calendar days of bid
opening.
Instructions and Information for Bidders - 2
Execution of Contract. Within 10 calendar days after the award date, the successful bidder shall
return the signed Contract, and required insurance certification and bond as required by the Contract
documents.
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.
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 10 days before the bid opening date and
sent to the attention of the following:
Ian Jablonski, Water Resources Operations Manager
Instructions and Information for Bidders - 3
City of Port Townsend Public Works
250 Madison Street #2R
Port Townsend, WA 98368
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 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 RCW 60.28, 5% retainage will be withheld from progress payments.
Performance Bond. A Performance Bond, in the form attached as Exhibit E, in the amount of
100% 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 form of attached as Exhibit F, in the amount of 100% of
the contract price, with a corporate surety approved by the City, will be required for payment of
workers and suppliers.
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, 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:
1. 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;
2. Before award of contract, have a current Washington Unified Business Identifier (UBI)
number;
3. Before award of contract, if applicable:
a. Have Industrial Insurance (workers’ compensation) coverage for the bidder’s
employees working in Washington, as required in Title 51 RCW;
b. Have a Washington Employment Security Department number, as required in Title
50 RCW;
c. Have a Washington Department of Revenue state excise tax registration number,
as required in Title 82 RCW;
4. At the time of award of contract, not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
Instructions and Information for Bidders - 4
5. 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 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
preceding year.
6. Before award of contract, contractor must 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.
7. 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 RCW 39.06.020, the bidder who is awarded the contract must verify responsibility
criteria 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 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.
Supplemental Bidder Responsibility Criteria – Only the apparent low bidder will be required
to submit documentation of the supplemental criteria before contract award.
1. Business License - A City of Port Townsend Business License endorsement is required.
2. Delinquent State Taxes
a. Criterion: The Bidder shall not owe delinquent taxes to the Washington State
Department of Revenue without a payment plan approved by the Department of
Revenue.
b. Documentation: The Bidder shall not be listed on the Washington State Department
of Revenue’s “Delinquent Taxpayer List” website:
http://dor.wa.gov/content/fileandpaytaxes/latefiling/dtlwest.aspx.
3. Federal Debarment
a. Criterion: The Bidder shall not currently be debarred or suspended by the Federal
government.
Instructions and Information for Bidders - 5
b. Documentation: The Bidder shall not be listed as a current debarred or suspended
bidder on the U.S. General Services Administration’s “Excluded Parties List System”
website: http://www.epls.gov/.
3. Public Bidding Crime
a. Criterion: The Bidder shall not have been convicted of a crime involving bidding on a
public works contract within five years from the bid submittal deadline.
b. Documentation: The Bidder shall sign a statement (on a form to be provided by the
Owner) that the Bidder has not been convicted of a crime involving bidding on a public
works contract. The Owner may also use independent sources of information that may
be available to demonstrate whether the Bidder is in compliance with this criterion.
4. Subcontractor Responsibility
a. Criterion: The Bidder’s standard subcontract form shall include the subcontractor
responsibility language required by RCW 39.06.020, and the Bidder shall have an
established procedure which it utilizes to validate the responsibility of each of its
subcontractors. The Bidder’s subcontract form shall also include a requirement that
each of its subcontractors shall have and document a similar procedure to determine
whether the sub-tier subcontractors with whom it contracts are also “responsible”
subcontractors as defined by RCW 39.06.020.
b. Documentation: The Bidder shall submit a copy of its standard subcontract form for
review by the Owner, and a written description of its procedure for validating the
responsibility of subcontractors with which it contracts.
5. Claims Against Retainage and Bonds
a. Criterion: The Bidder shall not have a record of excessive claims filed against the
retainage or payment bonds for public works projects during the previous three years,
that demonstrate a lack of effective management by the Bidder of making timely and
appropriate payments to its subcontractors, suppliers, and workers, unless there are
extenuating circumstances acceptable to the Owner. For the purpose of this criterion,
"Bidder" shall include the registered construction company submitting the bid, as well
as the owner(s) of the company and any other construction companies the owner(s)
may currently or previously have owned.
b. Documentation: The Bidder shall submit a list of the public works projects completed
within the previous three years and include for each project the following information:
• The owner and contact information for the owner;
• A list of claims filed against the retainage and/or payment bond for any of the
projects listed;
Instructions and Information for Bidders - 6
• A written explanation of the circumstances surrounding each claim and the ultimate
resolution of the claim.
The Owner may contact previous owners to validate the information provided by the
Bidder.
6. Completion of Similar Projects
a. Criterion: The Bidder shall have successfully completed three projects of a similar size
and scope as required by the contract documents for this project. In evaluating whether
the projects were “successfully completed,” the Owner may check owner references
for the previous projects and may evaluate the owner’s assessment of the Bidder
performance.
b. Documentation: The Bidder shall submit a list of projects of similar size and scope to
this project. For the purposes of meeting this criterion, the Owner has determined that
“similar size and scope to this project” means projects that have the following
characteristics: Building structure with plumping, electrical and well installation as in
pump details. The information about each project shall include the following:
• Owner’s name and contact information for the owner’s representative;
• Awarded contract amount;
• Final contract amount;
• A description of the scope of the project and how the project is similar to this
project;
• The Bidder’s assessment of its performance of each project, including but not
limited to the following:
▪ Quality control;
▪ Safety record;
▪ Timeliness of performance;
▪ Use of skilled personnel;
▪ Management of subcontractors;
▪ Availability of and use of appropriate equipment;
▪ Compliance with contract documents;
▪ Management of submittals process and change orders.
7. Termination for Cause
a. Criterion: The Bidder shall not have had any public works contract terminated for
cause by a government agency during the five-year period immediately preceding the
bid submittal deadline for this project, unless there are extenuating circumstances
acceptable to the Owner. For the purpose of this criterion, "Bidder" shall include the
registered construction company submitting the bid, as well as the owner(s) of the
company and any other construction companies the owner(s) may currently or
previously have owned.
Instructions and Information for Bidders - 7
b. Documentation: The Bidder shall sign a statement (on a form to be provided by the
Owner) that the Bidder has not had any public works contract terminated for cause by
a government agency during the five-year period immediately preceding the bid
submittal deadline for this project. The Owner may also use independent sources of
information that may be available to demonstrate whether the Bidder is in compliance
9. Sales Tax/Use Tax. Retail sales/use tax to be collected from the City on the Contract amount
shall be stated separately in the spaces 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 price, or other prices stated 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 the Washington State
prevailing wage laws (RCW 39.04, RCW 39.12, RCW 43.19, and RCW 49.38). Copies of Pamphlet
No. F700-032-000 (1-89) explaining the prevailing wage law is available from the following:
Department of Labor and Industries
ESAC Division
P.O. Box 44540
Olympia, WA 98504-4540
(360) 902-5335
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.
Bid Proposal - 1
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: ______________________________________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 agrees to perform all work as described in the Contract Documents and detailed in the
specifications provided for _________________________________________________for the
lump sum of:
Total lump sum bid amount $
Sales tax 9.1% $
Total Bid $ ________________________
By signing this proposal:
The Bidder certifies that it has not, within the three-year period immediately preceding the bid
solicitation date for this project, been determined to be a “willful” violator (as defined in RCW
49.48.082 of any provision of Chapters 49.46, 49.48, or 49.52 RCW) by a final and binding
citation and notice of assessment issued by the Department of Labor and Industries or by a civil
judgment entered by a court that is authorized to enter such a judgment.
Further the Bidder certifies:
That the Bidder has not had any public works contract terminated for cause by a government
agency during the five-year period immediately preceding the bid submittal deadline for this
project.
Receipt is hereby acknowledged of Addendum(s) No(s): ____________________________ [NOTE:
write “none” if there were no addendums.]
Bid Proposal - 2
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.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct.
Bidder's Firm Name Date
By:_________________________________
Authorized Signature (required)
Bidder's address and
telephone/email for
official communications:
Bid Proposal - 3
EXHIBIT B
MANDATORY RESPONSIBLE BIDDER’S CRITERIA
Contractor’s License # ______________________________________________
UBI# _____________________________________________
Do you have industrial Coverage? Yes___ No ___
Employment Security Department # _________________________________
State Excise Tax Registration # _______________________________________
Is your firm currently disqualified from bidding? Yes ___ No ___
Has your firm received a citation or assessment for a willful violation as defined in
RCW 49.48.082 any provision of chapter 49.46, 49.48 or 49.52 RCW in the
preceding 3 years? Yes ___ No ___
Subcontractor Responsibility:
1. The Contractor shall include the language of this section in each of its first-tier
subcontracts, and shall require each of its subcontractors to include the same language of
this section in each of their subcontracts, adjusting only as necessary the terms used for
the contracting parties. Upon request of the Owner, the Contractor shall promptly
provide documentation to the Owner demonstrating that the subcontractor meets the
subcontractor responsibility criteria below. The requirements of this section apply to all
subcontractors regardless of tier.
2. At the time of subcontract execution, the Contractor 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,
which must have been in effect at the time of subcontract bid submittal;
b. Have a current Washington Unified Business Identifier (UBI) number;
c. If applicable, have:
• Have Industrial Insurance (workers’ compensation) coverage for the
subcontractor’s employees working in Washington, as required in Title 51 RCW;
• A Washington Employment Security Department number, as required in Title 50
RCW;
• A Washington Department of Revenue state excise tax registration number, as
required in Title 82 RCW;
• An electrical contractor license, if required by Chapter 19.28 RCW;
Bid Proposal - 4
• An elevator contractor license, if required by Chapter 70.87 RCW.
d. Not be disqualified from bidding on any public works contract under RCW 39.06.010
or 39.12.065 (3).
Public Works Contract - 1
EXHIBIT C
CITY OF PORT TOWNSEND
PUBLIC WORKS CONTRACT
THIS AGREEMENT, made and entered into this __ day of _____, 20__, by and between the City
of Port Townsend (“Owner” or “City”), and ________________ (“Contractor”):
WHEREAS, pursuant to the invitation of the Owner for bids, the Contractor did, in
accordance therewith, file with the Owner a proposal containing an offer which was invited by
said notice, and
WHEREAS, the Owner has heretofore determined that said offer was the lowest
responsive and responsible bid submitted;
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties hereto covenant and agree as follows:
1. Contract Scope of Work; Contract Documents. The Contractor shall in a workmanlike
manner do all work and furnish all tools, materials, and equipment for in accordance with
and as described in the following Contract Documents (incorporated by reference in this
Contract):
a. Public Works Contract;
b. Supplemental Conditions;
c. City of Port Townsend General Conditions;
d. Addenda;
e. Plans and specifications issued by the City in connection with the Invitation to Bid or
request for proposal;
f. City of Port Townsend Engineering Design Standards (except as modified by any
technical specifications in the plans and specifications);
g. Instructions for Bidders; Accepted Bid; and Invitation to Bid;
h. The Washington State Department of Transportation Standards Specifications for
Road, Bridge, and Municipal Construction incorporating any amendments. (In
Specifications, “Engineer” means City designated representative, which may be project
manager, architect, or consulting engineer; “State,” “State of Washington” or “DOT”
are replaced with “City;” “Secretary” is Public Works Director or designee.)
In the event of a conflict or discrepancy among or in the Contract Documents, interpretation shall
be governed in the priority listed and set forth above.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort
whatsoever they may be required for the transfer of materials and for constructing and completing
the work provided for in these specifications to be furnished by the City of Port Townsend.
2. Contract Amount; Compensation. The City of Port Townsend hereby promises and
agrees with the Contractor to employ, and does employ the Contractor to provide materials
and to do and cause to be done the above described work and to complete and finish the
Public Works Contract - 2
same according to the Scope of Work and the terms and conditions herein contained and
hereby contracts to pay for the same, the total sum of______________________________.
Payment shall be as provided in the Instructions for Bidders unless otherwise provided.
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.
3. Time for Completion; Penalty. The Contractor will achieve substantial completion within
60 days of the Notice to Proceed.
The Owner and Contractor recognize that time is of the essence of this Agreement and that
Owner will suffer financial loss as a result of mitigating transportation impacts if the Work is
not substantially completed within the times specified in the above paragraph, plus any
extensions thereof allowed, and further, that the Owner and Contractor recognize the delays,
expense, and difficulties involved in proving in a legal or other dispute resolution proceeding
the actual loss suffered by Owner if the Work is not completed on time, and further that, instead
of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty) Contractor shall pay Owner the amount set forth in the Invitation to Bids
for Liquidated Damages for each day that expires after the date specified in the above
paragraph.
4. Insurance and Indemnity Requirements. Contractor shall take out and maintain
insurance as set forth in Exhibit D of the bid package, which is incorporated herein by
reference.
5. Correction of Work. If within one year after the date for Substantial Completion, any of
the work is found not to be in accordance with the requirements of the Contract Documents,
the Contractor shall correct it promptly after written notice to do so. If the Contractor fails
to correct nonconforming work within a reasonable time after notice, City may, without
prejudice to other remedies it may have, correct such deficiencies, and the Contractor shall
pay the cost to the City, plus 10% City administrative overhead fee.
6. Attorney Fees. If enforcement of this Contract requires either party to engage the services
of an attorney or consultant, the prevailing party shall be entitled to recover reasonable
legal costs, including attorney fees and expert fees, in connection with such enforcement,
with or without suit.
Public Works Contract - 3
IN THE WITNESS WHEREOF the parties hereto have caused this agreement to be executed
this ___________ day of _____________, 20__.
City of Port Townsend Contractor
By _______________________________ By ___________________________________
John Mauro, City Manager
Name: _______________________________
Title: ________________________________
Approved as to form:
__________________________________
Heidi Greenwood, City Attorney
Insurance and Indemnity Requirements - 1
EXHIBIT D
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 and all 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,
1. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
a. 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.
b. 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 the work
Insurance and Indemnity Requirements - 2
performed for the City using ISO additional insured endorsement CO 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
c. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
d. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors,
and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk
policy form and shall insure against the perils of fire and extended coverage and
physical loss or damage including flood and earthquake, theft, vandalism, malicious
mischief, collapse, temporary buildings and debris removal. This Builders Risk
insurance covering the work will have a deductible or $5,000 for each occurrence,
which will be the responsibility of the Contractor. Higher deductibles for flood and
earthquake perils may be accepted by the City upon written request by the Contractor
and written acceptance by the City. Any increased deductibles accepted by the City
will remain the responsibility of the Contractor. The Builders Risk insurance shall be
maintained until final acceptance of the work by the City.
2. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-
completed operations aggregate limit.
c. Builders Risk insurance shall be written in the amount of the completed value of the
project with no coinsurance provisions.
3. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Commercial General Liability and Builders Risk insurance:
a. 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.
b. 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 receipt requested, has been given to the City. The word “endeavor” is not
acceptable language regarding the required notification.
c. The insurance policies shall include the City as Additional Named Insured.
Insurance and Indemnity Requirements - 3
4. 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.
5. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their Subcontractors,
Sub-subcontractors, agents and employees, each of the other, for damages caused by fire
or other perils to the extend 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,
6. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
7. 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.
8. 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.
Bonds – 1
EXHIBIT E WASHINGTON PERFORMANCE BOND
BOND NO.
AMOUNT: $ KNOW ALL MEN BY THESE PRESENTS, that
of
hereinafter called the CONTRACTOR (Principal), and
a corporation duly organized and existing under and by virtue of the
laws of the State of ________________________________, hereinafter called the SURETY, and authorized to transact business within the State of Washington, as SURETY, are held and firmly
bound unto
as OWNER (Obligee), in the sum of:
DOLLARS ($____________________), lawful money of the United States of America, for the payment of which, well and truly be made
to the OWNER, the CONTRACTOR and the SURETY bind themselves and each of their heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached, with the OWNER, dated, _______________________, 20___,
for:
IN WITNESS:
NOW, THEREFORE, if the PRINCIPAL shall promptly and faithfully perform all the provisions
of such Contract for the duration thereof, including the guarantee period, and shall faithfully discharge the duties and obligations therein assumed, then this obligation shall be void; otherwise
it shall remain in full force and effect, and Surety shall defend and indemnify Owner against any
loss or damage due to the failure of the Principal t strictly perform all obligations of the Contract.
This bond is provided pursuant to and in compliance with Ch. 39.08 RCW, the terms and requirements of which statute are incorporated herein.
Bonds – 2
This bond shall remain in force for a period of at least two (2) years after Substantial Completion,
with respect to defective workmanship and material, and for any additional period until any claims with respect to defective workmanship and material are resolved, and shall otherwise secure all obligations of the Principal throughout any other periods of limitation.
Contractor and Surety agrees that if Owner is required to engage the services of an attorney or expert services in connection with the enforcement of this bond, each shall pay the Owner reasonable attorney fees and expert fees incurred, with or without suit, in addition to the penal
sum.
PROVIDED, HOWEVER, that the conditions of this obligation shall not apply to any money loaned or advanced to the PRINCIPAL or to any subcontractor or other person in the performance
of any such work.
The SURETY, for value received, hereby waives notice of any extension of time, alteration, addition or forbearance as to the terms of the Contract made or extended by OWNER or
CONTRACTOR.
No right of action shall accrue upon or by reason hereof to, or for the use or benefit of, anyone other than the OWNER.
IN WITNESS WHEREOF, the above parties bounded together have executed this instrument this _____day ___________ of, 20___, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
CONTRACTOR
By (Seal)
___________________________________
Attest
SURETY
By (Seal) ___________________________________ Attest
APPROVED AS TO FORM: ____________________, 20___
, OWNER
NOTE: The SURETY named on this bond shall be one who is licensed to conduct business in the state where the
project is located, and named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies, as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a
certified copy of the authority to act for the SURETY at the time of the signing of this bond.
END OF SECTION
Bonds – 3
EXHIBIT F
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
We the Undersigned as
PRINCIPAL (Contractor) and
a corporation organized and existing under and by virtue of the laws of the state of
, and duly authorized to do surety business in the state of
Washington and named on the current list of approved surety companies acceptable on federal
bonds and conforming with the underwriting limitations as published in the Authorized Insurance
List in the State of Washington published by the Office of the Insurance Commissioner and which
carries an "A" rating and is of the appropriate class for the bond amount as determined by Best's
Rating System, as SURETY, hereby hold and firmly bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, unto CITY OF PORT TOWNSEND,
as OBLIGEE, in the sum of
Dollars ($ ) in lawful money of the United States of America, for the payment of that
sum for the use and benefit of claimants as defined below.
The condition of this obligation is such that whereas the PRINCIPAL entered into a
contract with CITY OF PORT TOWNSEND dated , 20__, which contract
is hereunto annexed and made a part hereof, for accomplishment of the all contract terms for the
project described as follows:
.
NOW THEREFORE, if the PRINCIPAL shall promptly make payments to all persons,
firms, subcontractors, corporations and/or others furnishing materials for or performing labor in
the prosecution of the Work provided for in the aforesaid contract, and any authorized extension
or modification thereof, including all amounts due for materials, equipment, mechanical repairs,
transportation, tools and services consumed or used in connection with the performance of such
Work, and for all labor performed in connection with such Work whether by subcontractor or
otherwise, and all other requirements imposed by law, then this obligation shall become null and
void; otherwise this obligation shall remain in full force and effect, subject, however, to the
following condition:
The above-named PRINCIPAL and SURETY hereby jointly and severally agree that every
claimant, who has not been paid in full, may sue on this bond for the use of such claimant,
prosecute the suit to final judgment in for such sum or sums as may be justly due claimant, and
have execution thereon. The OBLIGEE shall not be liable for the payment of any judgment, costs,
expenses or attorneys' fees of any such suit.
PROVIDED, FURTHER, that SURETY for the value received, hereby stipulates and
agrees that all changes, extensions of time, alterations to the terms of the contract or to Work to be
performed thereunder or the Specifications accompanying the same shall be within the scope of
the SURETY's undertaking on this bond, and SURETY does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract or to the Work or to
Bonds – 4
the Specifications. Any such change, extension of time, alteration or addition to the terms of the
contract or to the Work or to the Specifications shall automatically increase the obligation of the
SURETY hereunder in a like amount, provided that the total of such increases shall not exceed
twenty-five percent (25%) of the original amount of the obligation without the consent of the
SURETY.
This obligation shall continue to bind the PRINCIPAL and SURETY, notwithstanding
successive payments made hereunder, until the full amount of the obligation is exhausted, or if the
full amount of the obligation is not exhausted and no claim is pending resolution, until such time
as no further claims can be made pursuant to law with regard to the above-described project.
SURETY shall indemnify, defend, and protect the CITY OF PORT TOWNSEND against
any claim of direct or indirect loss resulting from the failure of the CONTRACTOR (or any of the
employees, subcontractors, or lower tier subcontractors of the CONTRACTOR) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material persons, or any other person who
provides supplies or provisions for carrying out the work.
If more than one SURETY is on this bond, each SURETY hereby agrees that it is jointly
and severally liable for all obligations of this bond.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
_______________________, 20__.
SURETY CONTRACTOR
By: By*:
Title: Title:
Street Address Street Address
City, State ZIP City, State ZIP
Phone Number Phone Number
* Must be signed by president or vice-president
Bonds – 5
EXHIBIT G
CONTRACTOR’S DECLARATION OF OPTION IN LIEU OF PERFORMANCE BOND
AND PAYMENT BOND FOR PROJECTS $150,000 OR LESS
In lieu of providing a Performance Bond & Payment Bond, I hereby request to have the City of
Port Townsend retain 10 percent of my payment for this project for a period of 30 days after
acceptance of the completed work or until receipt of all necessary releases from the Department
of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is
later.
COMPANY NAME:
ADDRESS:
CITY: STATE: ZIP:
NAME (PLEASE PRINT):
SIGNED: DATE:
TITLE:
Prevailing Wage – 1
ATTACHMENT H
PREVAILING WAGE RATES
Below is the website address to find the current prevailing wages for Jefferson
County as of the bid due date.
https://secure.lni.wa.gov/wagelookup/
Summary of Work - 1
SECTION 3
SPECIFICATIONS/SUMMARY OF WORK
This project is installation of a vertical turbine well pump in an existing well including:
• Construction of well house building;
• Installation of pump, column/shaft, and motor pumping works supplied by City;
• Piping inside well house;
• Electrical design and installation of all wiring and conduits and power panels;
• Installation of pump control, telemetry and instrumentation supplied by City;
• Underground piping between the well house and meter vault;
• Installation of water meter and associated piping inside the City provided vault;