125-22 - KR Homes, LLC - Contract Exhibit A - InstructionsADVERTISEMENT FOR BIDS
SROUFE WATER MAIN REPLACEMENT
PUBLIC WORKS PROJECT NO. PW2022-024
CONTRACT NO. C125-22
Notice is hereby given that sealed bids will be received at the office of the City Clerk for the City
of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366 until 11:00 AM on January 18, 2023,
for construction of the Sroufe Water Main Replacement, Contract No C125-22. No proposals will be
accepted after the above -stated time. Immediately following the above -stated time, the
proposals will be publicly opened and read.
The project consists of work to be performed within 65 working days from notice to proceed, and
consists of furnishing all materials, equipment, tools, labor, and other work or items incidental
theretofore and as generally described as follows:
Water main replacement, roadway restoration, and other related work on Sroufe Street from
Tacoma Avenue to Sidney Avenue.
The Engineer's construction estimate for this project is $350,000.00 to $450,000.00.
Access to bidding information (plans, specifications, addenda, and Bidders List) is available
through City of Port Orchard's on-line plan room www.cityofportorchard.us/bids-and-proposals.
Free -of -charge access is provided to Prime Bidders, Subcontractors, and Vendors by going to
www.bxwa.com and clicking on "Posted Projects," "Public Works," and "City of Port Orchard."
This on-line plan room provides Bidders with fully usable online documents with the ability to:
download, view, print, order full/partial plan sets from numerous reprographic sources, and a
free online digitizer/take-off tool. It is recommended that Bidders "Register" in order to receive
automatic email notification of future addenda and to place themselves on the "Self -Registered
Bidders List." Bidders that do not register will not be automatically notified of addenda and will
need to periodically check the on-line plan room for addenda issued on this project. Contact
Builders Exchange of Washington at 425-258-1303 should you require assistance.
If you do not have access to the Web, you may make arrangements to pick up a plan set at the Port
Orchard City Hall, City Clerk's Office, 216 Prospect Street, Port Orchard, WA 98366, 360-876-4407,
for a NON-REFUNDABLE fee of $50.00. If you wish the bid documents mailed to you, add $10.00 to
cover postage. Informational copies of any available maps, plans, specifications, and subsurface
information are on file for inspection in the office of the Port Orchard Project Engineer, 216 Prospect
Street, Port Orchard, WA 98366.
City of Port Orchard
Sroufe Water Main Replacement Project # PW2022-024 Contract #025-22
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All bid proposals shall be accompanied by a bid security (bid deposit) in the form of a cash deposit,
certified or cashier's check, postal money order, or surety bond made payable to the City of Port
Orchard, for a sum not less than five percent (5%) of the amount of such bid, including sales tax.
Should the successful bidder fail to enter into such contract and furnish satisfactory payment and
performance bonds within the time stated in the Specifications, the bid security (bid
deposit/bond) shall be forfeited to the City of Port Orchard.
The award of the Contract will go to the qualified bidder submitting the lowest responsible and
responsive bid. The City reserves the right to reject any and all bids or waive any informality or
irregularity in the bidding and make the award as deemed to be in the best interest of the City
and the public.
The City of Port Orchard 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 insure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises will be afforded full opportunity to submit
bids in response to this invitation and will not be discriminated against on the grounds of race,
color or national origin in consideration for an award.
The City is an equal opportunity and affirmative action employer. Small and Minority -owned
businesses, women -owned businesses, and labor surplus area firms are encouraged to submit
bids.
Notice is given to all potential bidders that any bid responses may be subject to release under
the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses
upon a request. Bidders are advised to mark any records believed to be trade secrets or
confidential in nature as "confidential." If records marked as "confidential" are found to be
responsive to the request for records, the City may elect to give notice to the bidder of the
request so as to allow the bidder to seek a protective order from a Court. Please be advised,
however, that any records deemed responsive to a public records request may be released at the
sole discretion of, and without notice by, the City.
Published: Kitsap Sun — December 16, 2022, and December 23, 2022
Daily Journal of Commerce — December 16, 2022, and December 23, 2022
City of Port Orchard
Sroufe Water Main Replacement Project # PW2022-024 Contract #025-22
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NOTICE TO PROSPECTIVE BIDDERS
Sroufe Water Main Replacement
In accordance with Section 1-02.4(1) of the Standard Specifications, it is the City of Port Orchard's
policy that questions concerning the project during the bidding process be submitted in written
form. Please submit any questions that are pertinent to bidding the contract, and that are not
answered by information contained in the Contract Documents, to the City of Port Orchard
Engineering Department via email at publicworks@cityofportorchard.us, Attention: K. Chris
Hammer, P.E.
All emails must be received at least 3 business days prior to the bid opening for a response. All
prospective bidder questions and the City's response will be sent via email, if possible, to all
prospective bidders who have purchased plans approximately 2 days prior to the bid opening.
If you believe the Contract Documents contain an error or error(s), please provide us with that
information via email. An addendum will be issued to all prospective bidders if a correction is
needed.
I have the following question(s)/comment(s):
I believe the Contract Document(s) has (have) the following error(s):
Please respond to:
Name:
Representing:
Address:
Email address:
Fax Number:
City of Port Orchard
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INFORMATION AND CHECKLIST FOR BIDDERS
The following supplements the information in the Advertisement for Bids:
1. Pre -Bid Conference
A non -mandatory pre -bid conference will be held on -site at Sroufe Street starting at the Tacoma
Avenue intersection on January 5, 2022 at 8:30 AM and January 10, 2022 at 2:30 PM. All potential
bidders are encouraged to attend. This will be your only opportunity to ask direct questions related
to the project. Information from the pre -bid conference will not be made available to bidders who
do not attend. The Engineer will transmit to all prospective Bidders of record such addenda as the
Engineer considers necessary in response to questions arising at the conference. Oral statements
may not be relied upon and will not be binding or legally effective.
2. Examination of Plans, Specifications, and Site
Before submitting his/her bid, the Contractor shall carefully examine each component of the
Bid Documents and any other available supporting data so as to be thoroughly familiar with
all the requirements.
The Bidder shall make an alert, heads -up, eyes -open reasonable examination of the project
site and conditions under which the Work is to be performed, including but not limited to:
current site topography, soil and moisture conditions; underground obstructions; the
obstacles and character of materials which may be encountered; traffic conditions; public and
private utilities; the availability and cost of labor; and available facilities for transportation,
handling and storage of materials and equipment.
3. Property Issues
All bidders shall base their bids upon full restoration of all property within the right-of-way
and easements, and wherever Bidder will have right -of -entry. The easements and right of
entry documents that have been acquired are available for inspection and review. The Bidder
is advised to review the conditions of the permits, easements, and rights -of -entry, as s/he
shall be required to comply with all conditions at no additional cost to the Owner. All other
permits, licenses, etc., shall be the responsibility of the Bidder. The Bidder shall comply with
the requirements of each.
4. Interpretation of Bid Documents
The Bidder shall promptly notify Owner of any discovered conflicts, ambiguities, or
discrepancies in or between, or omissions from the Bid Documents. Questions or comments
about these Bid Documents should be directed to the attention of: K. Chris Hammer, P.E.,
City Engineer, and sent via email to publicworks@cityofportorchard.us or mail/drop off to 216
Prospect Street, Port Orchard, WA 98366. Questions received less than 3 days prior to the
City of Port Orchard
Sroufe Water Main Replacement Project # PW2022-024 Contract #025-22
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date of bid opening may not be answered. Any interpretation or correction of the Bid
Documents will be made only by addendum, and a copy of such addendum will be distributed
through plan holders lists at Builders Exchange www.bxwa.com , the City's Website
www.cityofportorchard.us/bids-and-proposals and the City Clerk's Plan holders list The
Owner will not be responsible for any other explanations or interpretations of the Bid
Documents. No oral interpretations of any provision in the Bid Documents will be made to
any Bidder.
5. Bidding Checklist
All bids shall be submitted on the exact forms provided in these Bid Documents, and listed
below. Failure to submit any of these forms may be grounds for rejection of the bid. Sealed
bids for this proposal shall be submitted as specified in the Advertisement for Bids. Each bid
must be submitted in a sealed envelope bearing on the outside the name and address of the
Bidder, and the name and number of the project for which the bid is submitted. All bids will
remain subject to acceptance for sixty (60) calendar days after the day of the bid opening.
A. Proposal — Bidders must bid on all items contained in the Proposal. If any unit price is left
blank, it will be considered no charge for that bid item, regardless of what has been placed
in the extension column.
B. Bid Security — Bid Bond is to be executed by the Bidder and the surety company unless
bid is accompanied by a cash deposit, cashier's or certified check, or postal money order.
The amount of this bond shall be not less than five percent (5%) of the total bid, including
sales tax, if applicable, and may be shown in dollars. Surety must be authorized to do
business in the State of Washington, and must be on the current Authorized Insurance
List in the State of Washington per Section 1-02.7 of the Standard Specifications.
i. The bond form included in these Contract Provisions MUST be used; no substitute will
be accepted. If an attorney -in -fact signs the bond, a certified and effectively dated
copy of their Power of Attorney must accompany the bond.
ii. The bid bond/deposit of the successful Bidder will be returned provided s/he executes
the Contract, furnishes satisfactory performance bond covering the full amount of work,
provides evidence of insurance coverage, and other documents required by the contract
documents within 14 calendar days after Notice of Award. Should s/he fail or refuse to
do so, the Bid Deposit or Bond shall be forfeited to the City of Port Orchard as liquidated
damages for such failure.
iii. The Owner reserves the right to retain the security of the three lowest bidders until
the successful Bidder has executed the Contract and furnished the performance bond.
C. Non -Collusion Declaration— DOT Form 272-036H EF included in these Contract Provisions
must be returned with the bid proposal.
City of Port Orchard
Sroufe Water Main Replacement Project # PW2022-024 Contract #025-22
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D. Bidder's Qualification Form — Regarding forms D and E, the Owner reserves the right to
check all statements and to judge the adequacy of the Bidders qualifications.
E. Certification of Compliance with Wage Payment Statutes — Must be filled in and signed.
F. Supplemental Criteria Information Form - Must be filled in and signed.
6. Contract Checklist
The following forms are to be executed by the successful Bidder after the Contract is
awarded. The Contract and Performance and Payment Bond are included in these Bid
Documents and should be carefully examined by the Bidder.
A. Contract — Two copies to be executed by the successful Bidder. Bid and Contract
Documents must be executed by the Contractor's President or Vice -President if a
corporation, or by a partner if a partnership. In the event another person has been duly
authorized to execute contracts, a copy of the resolution or other minutes establishing
this authority must be attached to the Proposal and Contract documents.
B. Performance/Payment Bond and Warranty Bond —Three copies of each type of bond to
be executed by the successful Bidder and his surety company. These bonds cover
successful completion of all work and payment of all laborers, subcontractors, suppliers,
etc. and provide a warranty for the contract work. The bond forms included in these Bid
Documents MUST be used; no substitutes will be accepted. If an Attorney -in -fact signs
the bond(s), a certified and effectively dated copy of their Power of Attorney must
accompany the bond(s).
C. Certificates of Insurance — To be executed by an insurance company acceptable to the
Owner, on ACCORD Forms. Required coverages are listed in Section 1-07.18 of the
Standard Specifications, as may be modified by the Special Provisions. The Owner shall be
named as "Additional Insured" on the insurance policies.
D. Selection of Retainage Option —Pursuant to RCW 60.28.010, 5% retainage will be retained
until fulfillment of state and local compliance is documented. The retainage form should
be completed by the successful bidder
E. Prevailing Wage Requirements —
The Contractor is required to pay, at a minimum, the applicable prevailing wage rates to
those employees performing services under the Contract. The applicable wage rates are
set forth in the State of Washington Department of Labor and Industries Prevailing Wage
Rate Schedule, RCW 39.12.020.
The project site is located in Kitsap County.
The prevailing wage schedule in effect for the work under the Contract will be the one in
effect upon the prime contractor's bid due date with these exceptions:
City of Port Orchard
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o If the project is not awarded within six (6) months of the bid due date, the award
date (the date the contract is executed) is the effective date.
o If the project is not awarded pursuant to bids, the award date (the date the
contract is executed) is the effective date.
o Janitorial contracts follow WAC 296-127-023.
For contract number C125-22 the prime contractor bid due date is January 18, 2023.
Except for janitorial contracts, the rates in effect on the bid due date shall apply for the
duration of the contract (unless otherwise noted in the solicitation).
It is the responsibility of the Contractor to ensure the appropriate labor classification(s)
are identified and that the applicable wage and benefit rates are taken into consideration
when preparing their proposal according to these specifications.
The selected Contractor must submit to the Department of Labor and Industries, a
"Statement of Intent to Pay Prevailing Wages". A copy of the certified Intent Statement
must be submitted to the City prior to payment of the first invoice. The Contractor will
pay promptly, when due, all wages accruing to its employees.
All invoice or payment applications are required to bear the following signed statement:
"I certify that wages paid under this contract are equal to or greater than the applicable
wage rates set forth in the Washington State Prevailing Wage Rates for Public Works
Contracts issued by the State of Washington Department of Labor and Industries."
The selected Contractor must submit to the Department of Labor and Industries an
"Affidavit of Wages Paid" and a copy of an approved Affidavit must be submitted at the
end of the contract to the City before the last payment or any retained funds will be
released.
The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages
Paid with the Department of Labor and Industries shall be at no additional cost to the City.
The Director of the Department of Labor and Industries shall arbitrate all disputes of the
prevailing wage rate, RCW 39.12.060 and WAC 296-127-060.
Look up the prevailing rates of pay, benefit, and overtime codes from this link:
http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of
the prevailing wage rates is available for viewing at the City of Port Orchard Department
of Public Works. A hard copy will be mailed upon request.
For prevailing wage questions, contact the Department of Labor & Industries at
PW1@Lni.wa.gov or 360-902-5335.
City of Port Orchard
Sroufe Water Main Replacement Project # PW2022-024 Contract #025-22
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7. Contractor Disqualification
A bidder will be deemed not responsible, and the proposal rejected if the bidder does not
meet the following responsibility criteria set forth in RCW 39.04.350, which provides, in
part, as follows:
(1) Before award of a public works contract, a bidder must meet the following responsibility
criteria to be considered a responsible bidder and qualified to be awarded a public works
project. The bidder must:
(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 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 or39.12.065(3);
(e) 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;
(f) 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
(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
City of Port Orchard
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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.
The Bidder shall submit a signed statement to the City in accordance with Chapter 5.50 RCW
verifying under penalty of perjury that (1) the bidder is in compliance with the responsible
bidder criteria in subsection (1)(g) above; and (2) that the Contractor is not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
by any Federal department or agency in accordance with Executive Orders 12549 and 12689,
24 C.F.R. Pt. 24.
2) A bidder may be deemed not responsible and the proposal rejected if:
a. More than one proposal is submitted for the same project from a bidder under the
same or different names;
b. Evidence of collusion exists with any other bidder or potential bidder. Participants in
collusion will be restricted from submitting further bids;
c. The bidder, in the opinion of the Contracting Agency, is not qualified for the work or
to the full extent of the bid, or to the extent that the bid exceeds the authorized
prequalification amount as may have been determined by a prequalification of the
bidder;
d. An unsatisfactory performance record exists based on past or current Contracting
Agency work or for work done for others, as judged from the standpoint of conduct
of the work; workmanship; progress; affirmative action; equal employment
opportunity practices; or Disadvantaged Business Enterprise, Minority Business
Enterprise, or Women's Business Enterprise utilization;
e. There is uncompleted work (Contracting Agency or otherwise) which might hinder or
prevent the prompt completion of the work bid upon;
f. The bidder failed to settle bills for labor or materials on past or current contracts;
g. The bidder has failed to complete a written public contract or has been convicted of
a crime arising from a previous public contract;
h. The bidder is unable, financially or otherwise, to perform the work; or
i. There are any other reasons deemed proper by the Contracting Agency.
City of Port Orchard
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