1.-QC-01-16_Specifications.pdf

PORT OF PORT TOWNSEND

CONTRACT PROVISIONS AND PLANS

FOR

QUILCENE HERB BECK MARINA BOAT

RAMP REPLACEMENT

Washington State Recreation and Conservation Office (RCO)

Boating Facilities Program

Project Number: 22-2095D

Port of Port Townsend Project No. QC-01-016

Port of Port Townsend 00 00 00 - 1 Gardiner Boat Ramp Renovation Seals Page

SECTION 00 00 00

PROFESSIONAL RESPONSIBILITIES AND SEALS

Port of Port Townsend Port Townsend, Washington

Quilcene Herb Beck Marina Boat Launch Replacement Project

August 2026

The following Technical Specification Division(s) and/or Section(s) of this Project Manual:

Division 00 Division 01

Were prepared under the direction and supervision of (whose seal and signature appear to the right):

David K. Nakagawara, PE License No. 27535 Port of Port Townsend 2701 Jefferson Street Port Townsend, WA 98368 dnakagawara Snapshot

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

Section 00 11 13 – Advertisement for Bids

Port of Port Townsend 00 11 13 - 1 Quilcene Herb Beck Marina Boat Ramp Replacement Advertisement for Bids

The PORT OF PORT TOWNSEND (Port) is currently accepting sealed bids for construction of the following:

Contract No.: QC-01-016 Quilcene Herb Beck Marina Boat Ramp Replacement

The work required for this project as indicated in the Contract Documents (engineer’s estimate $952,650) includes facility improvements at the Quilcene Herb Beck Marina as described below:

1. Removing and disposing of the existing deteriorated concrete boat ramp, retaining wall, excavation spoils, creosote bollards, and other miscellaneous materials and debris from the construction site.

2. Installing a new boat ramp at the marina using precast concrete panels and cast-in-place concrete over geotextile fabric, quarry spalls and crushed surfacing.

3. Installing a cast-in-place concrete access wedge, float landing, steel pipe piles, and steel frame floats for boarding, launching, and retrieving vessels.

4. Regrading side slopes adjacent to the boat ramp including removal and stockpiling of riprap, placement of geotextile fabric, a 6” layer of quarry spalls, placement of stockpiled riprap, and importing any remaining balance of riprap necessary to finish the side slopes to design grades.

Prepare and submit bids in accordance with the Instructions to Bidders. Bid due time is 10:00am on August 31, 2026, or as modified by a future addendum issued during the bid period. Bids are to be submitted only on the Bid Form provided to registered plan holders on the Port’s plan holder list. Registration as a plan holder with the Port of Port Townsend is required to be a responsive bidder.

All bidding and construction are to be performed in compliance with the Contract Provisions, Plans, and any addenda issued thereto that are on file at the Administrative Offices of the Port, 2701 Jefferson Street, Port Townsend, WA 98368. Bidders may obtain a copy of the Contract Provisions, Plans, and Bid Form, free of charge in electronic format (PDF via email link) along with registration as a plan holder through the Port Engineering Office. Access to project bid documents and official plan holder registration is made available via the Port of Port Townsend’s Public Works project website at https://portofpt.com/hb-boat-ramp/.

Disadvantaged, Minority, and Women’s Business Enterprises are encouraged to respond. The Port of Port Townsend does not discriminate on the grounds of race, color, religion, national origin, sex, age or handicap in consideration for a project award.

The Port of Port Townsend reserves the right to reject any and all bids, waive technicalities or irregularities and to accept any bid if such action is believed to be for the best interest of the Port.

All questions shall be directed to Dave Nakagawara (360) 379-5270 or in writing to PublicWorks@portofpt.com.

(Advertisement Dates: 8/3, 8/5, 8/10, 8/17)

Section 00 21 13 – Instructions to Bidders

Port of Port Townsend 00 21 13 - 1 Quilcene Herb Beck Marina Boat Ramp Replacement Instructions to Bidders

Table of Contents

PART 1. BIDDING REQUIREMENTS

1.01 RECIPROCITY PREFERENCE FOR RESIDENT CONTRACTORS

1.02 EXAMINATION OF CONTRACT DOCUMENTS AND REGULATIONS

1.03 INSPECTION OF WORK SITE

1.04 CLARIFICATION OF CONTRACT DOCUMENTS

1.05 PRE-BID CONFERENCE

1.06 SUBSTITUTION REQUESTS

PART 2. PREPARATION AND SUBMITTAL OF BIDS

2.01 FORM OF BID

2.02 BID PRICE

2.03 TAXES

2.04 BIDDER’S NAME AND SIGNATURE

2.05 PROPOSED SUBCONTRACTORS

2.06 BID GUARANTEE

2.07 BID SUBMITTAL

2.08 ALTERNATIVE BIDS

2.09 WITHDRAWAL OR MODIFICATION OF BID

2.10 BID OPENING

2.11 BID VALIDITY

PART 3. BID EVALUATION

3.01 EVALUATION STANDARD

3.02 VERIFICATION OF BID PRICES

3.03 CLAIM OF ERROR

3.04 RESPONSIVE BIDS

3.05 BIDDER QUALIFICATIONS

3.06 SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA

3.07 COLLUSION

3.08 RETURN OF BID GUARANTEE

3.09 SINGLE BID RECEIVED

3.10 NO BID RECEIVED

3.11 RIGHTS OF THE CONTRACTING AGENCY

PART 4. AWARD OF CONTRACT

4.01 NOTICE OF AWARD

4.02 PERFORMANCE AND PAYMENT BONDS

4.03 EXTENSION OF TIME

4.04 FAILURE TO EXECUTE CONTRACT

4.05 CANCELLATION OF AWARD

PART 1 - BIDDING REQUIREMENTS

1.01 RECIPROCITY PREFERENCE FOR RESIDENT CONTRACTORS

A. In accordance with RCW 39.04.380, the State of Washington is enforcing a Reciprocal Preference for Resident Contractors. Any public works project in which a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor.

B. A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

1. is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and

2. at the time of bidding on a public works project, does not have a physical office located in Washington.

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C. The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor’s business entity was formed.

D. This section does not apply to public works procured pursuant to RCW 39.04.280, RCW

39.04.151 through 39.04.154, or any other procurement exempt from competitive bidding.

1.02 EXAMINATION OF CONTRACT DOCUMENTS AND REGULATIONS

A. The bidder shall examine the Contract Documents and any other data made available to the bidder relating to the Work and shall comply with all instructions and provisions. The bidder shall promptly notify the Port of Port Townsend (Contracting Agency) of ambiguities, inconsistencies, or errors, if any, which it may discover upon examination of the Contract Documents and any other data made available to the bidder relating to the Work. The submission of a Bid shall constitute an acknowledgement upon which the Contracting Agency may rely that the bidder has thoroughly examined and is familiar with the Contract Documents and has reviewed all applicable federal, state and local statutes, regulations, ordinances and environmental documents relating to the work and all permits which have been applied for and/or issued pertaining to the Work. The failure or neglect of a bidder to examine any of the Contract Documents, statutes, regulations, ordinances, environmental documents or permits shall not relieve the bidder from any obligations with respect to the Contract Documents or the Work.

B. The bidder shall verify that all documents provided by the Contracting Agency, and upon which the bidder is basing its bid, are full and complete with no missing pages, sheets or unintentional blank spaces. Submittal of a bid indicates the bidder has verified it has obtained all Contracting Agency Contract Documents. No claim for additional work due to missing bid information will be considered.

C. If the bidder elects to review or download Contract Documents electronically from third party websites, it is the bidder’s responsibility to ensure that all documents are complete and that all addenda have been reviewed prior to submission of Bid. Official Bid forms are issued solely by the Contracting Agency. Bid forms watermarked as informational only are not to be used for the submission of Bid and if used, may result in the Bid being determined non-responsive in accordance with Section 3.04.

1.03 INSPECTION OF WORK SITE

A. Bidder shall inspect and compare the work site and Contract Documents to evaluate the location of the Work, the actual physical conditions of the site, and surface and subsurface conditions ordinarily encountered and generally recognized as inherent in the Work. Bidder may enter the work site but shall obtain written permission from the Contracting Agency prior to conducting physical testing of the work site

B. If the bidder finds facts or conditions which appear to conflict with the Contract Documents or with any other data made available to the bidder relating to the Work, the bidder shall promptly notify the Contracting Agency in writing.

1.04 CLARIFICATION OF CONTRACT DOCUMENTS

A. Requests for interpretation or reports of ambiguities shall be made in writing and delivered to the Contracting Agency at least five (5) days before the Bid submittal deadline. Clarifications, interpretations, or supplemental instructions which change the scope of work and or schedule described in the contract documents, will be issued only in the form of written addenda. All addenda shall become part of the Contract Documents and any subsequently awarded Contract.

B. Copies of addenda will be shared with registered plan holders. It is the responsibility of the bidder to verify issuance of any addenda prior to the Bid submittal deadline.

C. Each bidder shall acknowledge the receipt of all addenda issued on its Bid. If such acknowledgement is not made, the Contracting Agency reserves the right to show constructive notice through delivery records or the bidder’s use of information contained in the addenda.

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D. Bidders shall not rely upon any oral statements or conversations, whether at the pre-bid conference or otherwise, that they may have with Contracting Agency employees, agents or representatives regarding the Contract Documents. No oral clarification or interpretations will be made to any bidder as to the meaning of the Contract Documents.

1.05 PRE-BID CONFERENCE

A. Prospective bidders are not required to attend a pre-bid conference. No pre-bid conference is scheduled.

1.06 SUBSTITUTION REQUESTS

A. Products, equipment, materials or methods described in the Contract Documents are to establish a standard of quality, function, appearance, and dimension. A proposed substitution shall have equal attributes in all respects.

B. During the bidding period written requests by prime bidders for substitutions may be considered if received by the Contracting Agency at least fourteen (14) days prior to the bid submittal deadline.

The Contracting Agency may, in its sole discretion, defer the consideration of a proposed substitution until after Contract award.

C. Each substitution request shall, in accordance with the applicable provisions of Section 01 33 00, describe the proposed substitution in its entirety including the name of the material or equipment, drawings, catalog cuts, performance or test data and all other information required for an evaluation. The submittal shall also include a statement noting all changes required in adjoining, dependent or other interrelated work necessitated by the incorporation of the proposed substitution. The bidder shall bear the burden of proof to show that the proposed substitution meets or exceeds the required function and is equal or superior to the specification.

D. The Contracting Agency may require that samples be submitted or demonstration made prior to approval. The Contracting Agency’s decision of approval or disapproval of a proposed substitution shall be final.

E. Approval of substitutions will be made by addenda prior to bid submittal deadline or by change order after contract execution, at the Contracting Agency’s sole discretion.

PART 2 - PREPARATION AND SUBMITTAL OF BIDS

2.01 FORM OF BID

A. Bids shall be submitted on the forms provided by the Contracting Agency in Specification Section 00 41 43 – Bid From.

B. All blanks on the bid forms shall be filled in by ink or typed.

C. Alterations, erasures, or interlineations within the blanks, if any, shall be in ink and initialed by the signer of the Bid.

D. The bidder shall make no deletions, additional conditions or stipulations on the bid form or qualify its Bid in any manner.

2.02 BID PRICE

A. All prices on the bid form shall be in U.S. dollars.

B. For lump sum bids the total Contract Sum shall be submitted.

C. For unit price bids a price shall be submitted for each item of the Work, an extension thereof, and, if requested, the total Contract Sum.

D. The price on the bid form for that element of Work shall include everything necessary for the prosecution and completion of the Work in accordance with the Contract Documents including, but not limited to, furnishing all required materials, equipment, tools, transportation of Contracting Agency furnished materials, plant and other facilities, quality control testing, survey, and all home

Port of Port Townsend 00 21 13 - 4 office management, superintendence, labor and services, and field design, except as may be otherwise provided in the Contract Documents.

E. Estimated quantities, if any, set forth on the bid form are estimates only, being given only as a basis for the comparison of Bids, and the Contracting Agency does not warrant, expressly or by implication, that the actual amount of work will correspond to the estimated quantities. The Contracting Agency reserves the right to increase or decrease the amount of any class or portion of the Work and to make changes in the Work as the Contracting Agency may deem necessary or appropriate. The basis of payment for unit price bid items for which estimated quantities were set forth on the bid form shall be the actual number of unit items provided or performed under this Contract. In the event of a 25% quantity increase or decrease, the unit price may be adjusted as provided in the General Conditions.

F. Prices shall be expressed in figures only.

2.03 TAXES

A. The Bid Schedule A Work to be performed under this Contract constitutes a "retail sale" as such term is defined in RCW 82.04.050. The prices on the bid form shall not include state or local retail sales taxes. The Contracting Agency will pay state and local retail sales tax on each progress payment and final payment to the Contractor for transmittal by the Contractor to the Washington State Department of Revenue or to the applicable local government. The Contractor will pay retail sales tax on all consumables used during the performance of the work and on all items which are not incorporated into the final work, which tax shall be included in the prices on the bid form.

B. The Bid Schedule B Work is designated as Rule 171 (WAC 458-20-171 – Use Tax). The Contractor shall include for compensation the amount of taxes paid in the various unit Bid prices or other Contract amounts. Typically, these taxes are collected on materials incorporated into the project and items such as the purchase or rental of; tools, machinery, equipment, or consumable supplies not integrated into the project.

C. No increase will be made in the amount to be paid by the Contracting Agency under this Contract because of any misunderstanding by or lack of knowledge of the Contractor as to liability for, or the amount of, any taxes for which the Contractor is liable or responsible by law or under this Contract.

D. Retail sales tax to be paid by the Contracting Agency on each payment shall be shown as a separate item on the bid form. In any case where it is not included as a separate item, the Contracting Agency will add the sales tax to the total of the bid prices shown.

2.04 BIDDER’S NAME AND SIGNATURE

A. The bid form shall include the legal name and contractor registration number of the bidder and shall indicate whether bidder is a sole proprietor, a partnership, a corporation, joint venture, or other legal entity. The bid form shall be signed by a person legally authorized to bind the bidder to a contract and shall indicate the bidder’s address. A bid form signed by an agent shall have a current power of attorney attached certifying agent’s authority to bind the bidder. Upon request of the Contracting Agency the bidder shall provide corporate or partnership documentation evidencing the bidder’s legal status and showing the authority of the person signing the bid form to execute contracts on behalf of the bidder.

B. The bid form shall not become a part of the Contract Documents except by inclusion into the Agreement.

2.05 PROPOSED SUBCONTRACTORS

A. The Contracting Agency encourages and supports the use of M/WBE subcontractors and suppliers on all Work.

B. The bidder shall list on the bid form the name of each subcontractor responsible for performing work or suppling material in excess of fifteen percent (15%) of the total amount bid. For each

Port of Port Townsend 00 21 13 - 5 qualifying subcontractor and supplier, the bidder shall provide the information requested on the bid form for proposed subcontractors and suppliers.

For purposes of this paragraph, a subcontractor is defined as one who contracts directly with the Contractor to furnish materials, equipment, and labor for the performance of the Work. A supplier is one who supplies materials to be permanently or temporarily incorporated into project by either the Contractor or it’s subcontractors.

2.06 BID GUARANTEE

A. The Bid Guarantee shall be in one of the following forms and made payable to the Port of Port Townsend: a bid bond, either the form provided in Section 00 43 13, or a form accepted by the Contracting Agency prior to bid which contains provisions substantially similar to those in Section 00 43 13, duly completed by a guarantee company authorized to do business in the state of Washington; a U.S. postal money order; or a certified check or cashier's check drawn upon a banking institution. The surety signing the bid bond must appear on the U.S. Treasury Department’s most current list (Circular 570 as amended), and the surety's name must appear in the current Authorized Insurance Company List in the State of Washington published by the Office of the Insurance Commissioner. Attorneys-in-fact who sign bid bonds must file with each bond a certified and effectively dated copy of their Power of Attorney.

B. A Bid Guarantee of at least 5% of the total Bid shall accompany each Bid.

2.07 BID SUBMITTAL

A. The Bid, the Bid Guarantee, and all other documents required to be submitted with the Bid shall be enclosed in a sealed envelope marked "bid submittal by" followed by the name and address of the bidder, the project title, and the date and time for the opening of Bids.

B. If the Bid is mailed, it shall be addressed to the Port of Port Townsend, P.O. Box 1180, Port Townsend, WA 98368. The Bid shall be enclosed within another envelope with the notation "BID ENCLOSED" on the face.

C. If the Bid is hand delivered, it shall be delivered to the Port’s Administration Office reception counter, which is located at 2701 Jefferson St, Port Townsend, WA. As parking is very limited in the area, be sure to allow sufficient time for delivery of the bid.

D. No Bid shall be considered which has not been received at the Port’s Administration Office reception counter before the Bid submittal deadline specified in the Advertisement for Bids.

Bidder shall assume full responsibility for timely delivery of its Bid at the specified location.

E. Oral, telephonic, telefaxed, electronic, or telegraphic Bids are invalid and will not receive consideration.

2.08 ALTERNATIVE BIDS

A. If alternative or optional bid items, additive or deductive, are included in the bid schedule, the bidder is required to submit a price for the alternate or optional bid items in their bid submittal.

2.09 WITHDRAWAL OR MODIFICATION OF BID

A. A bidder may withdraw or modify its Bid before the Bid submittal deadline by submitting written notice to the Contracting Agency signed by the bidder. After Bid opening no bidder may withdraw or modify its Bid unless Contract award is delayed beyond the time specified in the 2.11 Bid Validity or provision 3.03 Claim of Error is followed.

2.10 BID OPENING

A. Unless stated otherwise in the Advertisement for Bids, all Bids which have been properly identified and received will be publicly opened and the prices read aloud. No evaluation of the Bids will be made at that time except for the announcement of the apparent low bidder.

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B. Unless stated otherwise in the Advertisement for Bids, public bid opening shall take place at the Port’s Administration Office, located at 2701 Jefferson St, Port Townsend, WA.

2.11 BID VALIDITY

A. All Bids submitted shall be valid and binding on the bidder for a period of forty-five (45) calendar days following the Bid submittal deadline and for any extension of time granted by the bidder.

PART 3 - BID EVALUATION

3.01 EVALUATION STANDARD

A. Award of contract will be made at the Contracting Agency’s sole discretion, in the Contracting Agency’s best interest considering the base bid, alternative/optional bid item(s), if any, and other factors. The Contracting Agency may reject all bids and not award the contract.

B. Additionally, the Contracting Agency reserves the right to negotiate base bid prices (including changes to the contract plans and specifications) with the low responsive, responsible Bidder to bring the final contract amount within the funds available prior to award or prior to Contract Execution.

C. The intent of the Contracting Agency is to award a contract to the low responsive, responsible Bidder by considering the following:

1. Relevant Experience Criteria:

Relevant Experience shall be provided on the Bid Form. The bidder along with subcontractors will be evaluated on successful past project completion, either as a general contractor or principal subcontractor (relevant experience of qualified employees who have worked for other general contractors or principal subcontractors may also be considered based upon previous work experience) of one or more projects containing similar construction elements to this Project including the following:

a. Boat Ramp construction, including handling floats

b. In-water construction

c. Marine concrete construction

d. Pile installation

2. Responsibility:

As defined in 39.04.350 RCW, and including such additional factors, including but not limited to:

a. The ability, capacity, and skill of the Bidder to perform the work;

b. The character, integrity, reputation, judgement, experience, and efficiency of the Bidder;

c. Whether the Bidder can perform the work within the time specified;

d. The quality of performance of pervious work;

e. Ability to provide required deliverables under the contract documents in a responsive and timely manner including, but not limited to, required shop drawings, schedules, submittals, and as-builts;

f. Demonstration of being reasonable in pricing change orders;

g. Demonstration of being responsive in resolving warranty issues in a timely manner;

h. Demonstration of ability to perform the work and adhere to contract documents without litigation or the threat of litigation;

i. The previous and existing compliance by the Bidder with laws and requirements relating to the work and contract;

j. Such other information as may have bearing on the decision to award the contract.

3. Non- Responsive:

a. An incomplete or non-conforming bid proposal;

b. Not a registered contractor as required by law;

c. No subcontractor’s list when required by invitation to bid;

d. Submitting a modified and conditioned bid or bid form;

e. No Bid Guarantee when required by invitation to bid;

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f. No certification when required by invitation to bid;

g. Not registered as a plan holder with the Contracting Agency at the time of bid opening.

3.02 VERIFICATION OF BID PRICES

A. Prices set forth in the Bid will be reviewed by the Contracting Agency for mathematical accuracy.

The Contracting Agency reserves the right to correct mathematical errors or complete mathematical calculations that are obvious on the face of the Bid. In the event of a discrepancy between a unit price and the extended amount for a Bid item, the unit price will control. The prices, corrected for mathematical errors, shall be used as the amount of the Bid items for evaluation and award purposes.

3.03 CLAIM OF ERROR

A. A bidder claiming error in its Bid must submit supporting evidence including cost breakdown sheets within 24 hours of Bid opening and provide any other supporting documentation requested by the Contracting Agency. In the event the bidder demonstrates an error in the Bid to the Contracting Agency’s satisfaction, the Contracting Agency may allow the bidder to withdraw its Bid.

3.04 RESPONSIVE BIDS

A. The Contracting Agency, in its sole discretion, reserves the right to determine Bid irregularities which render a Bid non-responsive, and to waive informalities and immaterial irregularities in the Bid. A Bid shall be considered irregular and may be rejected by the Contracting Agency as non-responsive for reasons including, but not limited to:

1. If the bid form furnished or authorized is not used or is altered;

2. If the bid form or any required supplemental documents are incomplete, contain any additions, deletions, conditions, or otherwise fail to conform to the Contracting Agency’s requirements;

3. If the bidder adds any provisions reserving the right to reject or accept the award, or enter into the contract;

4. If the Bid or Bid Guarantee is not properly executed, or shows an incorrect amount;

5. If the Bid fails to include a price for every bid item;

6. If the Contracting Agency reasonably deems the Bid Guarantee inadequate;

7. If the Contracting Agency deems any of the bid prices to be excessively unbalanced either above or below the amount of a reasonable bid price for the item of Work to be performed, to the potential detriment of the Contracting Agency; or

8. If the bidder is not registered with the Contracting Agency as a plan holder.

3.05 BIDDER QUALIFICATIONS

A. Each Bidder, as part of the Bid Form, shall provide a Statement of Bidder's Qualifications and Proposed Subcontractors, which includes a statement of Bidder's Work experience and general ability to perform the Work contemplated. The Contracting Agency shall have the right to make such investigations as it deems necessary to determine the ability of the Bidder to furnish the Work as described in the Contract Documents, and the Bidder shall furnish to the Contracting Agency all such information and data for this purpose, as the Contracting Agency may request.

Each Bidder shall be skilled and regularly engaged in the general class or type of Work called for in the Contract Documents. Proposed Subcontractors shall be competent, experienced, and thoroughly familiar with aspects of the Work that they will perform. The Contracting Agency reserves the right to reject any bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy the Contracting Agency that such Bidder and its proposed Subcontractors are properly qualified to carry out the obligations of the Contract and to furnish the Work described in the Contract Documents at the required standard(s) of quality.

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B. It is the intent of the Contracting Agency to award a contract to the low responsible bidder.

Before award, the bidder must meet the following bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the Contracting Agency to submit documentation demonstrating compliance with the criteria. The bidder must:

1. At the time of bid submittal, have a current certificate of registration in compliance with chapter 18.27 RCW.

2. Have a current Washington Unified Business Identifier (UBI) Number.

4. If applicable:

a. Have industrial insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required by Title 51 RCW;

b. Have a Washington Employment Security Number as required Title 50 RCW.

c. Have a Washington Department of Revenue state excise tax registration number, as required by Title 82 RCW.

5. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3) or listed as a federally excluded entity on SAM.gov.

6. For public works projects subject to the apprenticeship utilization requirements of 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 first date of advertising for the project.

C. The Contracting Agency reserves the right to investigate the qualifications of any bidder, including but not limited to, contacting any reference or any financial institution to verify that the bidder is qualified to successfully complete the Work.

D. To verify that the bidder has adequately incorporated all elements of the Work and the requirements of the Contract Documents in its bid prices, the bidder will make available upon request, for the Contracting Agency’s review a complete itemization of its Bid, and clearly define all phases of its work.

E. Prior to award, if requested by the Contracting Agency, the bidder and selected proposed subcontractors or suppliers shall attend a bid evaluation conference and shall bring to the conference any documents requested by the Contracting Agency to evaluate the Bid and the bidder’s qualifications.

3.06 SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA

A. In addition to the bidder responsibility criteria above, the Contracting Agency may adopt relevant supplemental criteria for determining bidder responsibility applicable to a particular project which the bidder must meet (RCW 39.04.350 (2)). Adopted criteria, if any, shall be stated in Specification Section 00 73 00 - Supplementary Conditions.

B. As evidence that the bidder meets the bidder responsibility criteria stated in Section 00 73 00, the apparent low bidder must submit the requested documentation to the Contracting Agency within 48 hours of the bid submittal deadline. In the interests of meeting the project’s schedule, the Contracting Agency may request that the next lowest bidder(s) also submit the documentation.

C. In the event bidder fails to supply the supplemental information requested concerning responsibility within the time and manner specified, the Contracting Agency may base its determination of responsibility on any available information related to the supplemental criteria or may find the bidder not responsible. The Contracting Agency reserves the right to request such documentation from other bidders also.

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D. The Contracting Agency may conduct reference checks for the bidder whose bid is under consideration for award. If information obtained from the reference checks:

1. Reveals that the bidder does not meet the Supplemental Bidder Responsibility Criteria; or

2. Indicates concerns about the bidder’s performance on projects identified as meeting the Supplemental Bidder Responsibility Criteria, which may include, but not be limited to the quality of construction, the bidder’s management of subcontractors, timeliness of required submittals, and safety record on the project; or

3. Indicates other concerns about the bidder’s ability to successfully perform the work, the Contracting Agency may determine that the bidder is not a responsible bidder. Prior to making such a determination that a bidder is not responsible based on information received through reference checks, the Contracting Agency will discuss with the bidder the information obtained from the references and provide the bidder with the opportunity to offer explanations that may help inform whether the Contracting Agency declares the bidder not responsible.

In conducting reference checks, the Contracting Agency may include itself as a reference if the bidder has performed work for the Contracting Agency, even if the bidder did not identify the Contracting Agency as a reference.

E. The Contracting Agency shall consider an overall accounting for determining bidder responsibility.

If the Contracting Agency determines the bidder does not meet the bidder responsibility criteria and is therefore not a responsible bidder, the Contracting Agency shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the Contracting Agency’s determination by presenting additional information to the Contracting Agency. The Contracting Agency will consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the Contracting Agency will not execute a contract with any other bidder until two 2 business days after the bidder determined to be not responsible has received the final determination.

F. The Contracting Agency may award the contract to the next lowest bidder who meets the Supplemental Bidder Responsibility Criteria and whose reference checks validate the ability of the bidder to successfully perform the work. The Contracting Agency will use the same process in checking references for any bidders other than the low bidder.

G. Any bidder, within seven (7) business days before the bid submittal deadline, may request that the Contracting Agency modify the Supplemental Criteria. The Contracting Agency will evaluate the request submitted by any potential bidder and respond before the submittal deadline. If the evaluation results in a change of the criteria, the Contracting Agency will issue an addendum to the bidding documents identifying the new criteria.

3.07 COLLUSION

A. If the Contracting Agency determines that collusion has occurred among the bidders, none of the Bids of the participants in such collusion will be considered. The Contracting Agency’s determination of collusion shall be conclusive.

3.08 RETURN OF BID GUARANTEE

A. As soon as the bid prices have been compared, the Contracting Agency will return the Bid Guarantee accompanying any Bids which, in the Contracting Agency’s judgment, would not be considered for award. All other Bid Guaranties will be held until the Contract and bonds have been executed, after which all remaining Bid Guaranties, except which as have been forfeited, will be returned.

3.09 SINGLE BID RECEIVED

A. If the Contracting Agency receives a single responsive, responsible Bid, the Contracting Agency shall have the right, in its sole discretion, to conduct a price or cost analysis on such Bid. The

Port of Port Townsend 00 21 13 - 10 bidder shall promptly provide all cost or pricing data, documentation and explanation requested by the Contracting Agency to assist in such analysis. By conducting such analysis, the Contracting Agency shall not be obligated to accept the single Bid; the Contracting Agency reserves the right to reject such Bid or any portion thereof.

3.10 NO BID RECEIVED

A. For Contracts estimated to cost less than $300,000, where the Contracting Agency receives no bids, the Contracting Agency shall have the right, in its sole discretion, to award a contract to a responsible Contractor chosen from the Small Works Roster. The Contract amount shall be at a negotiated price that does not exceed 10% of the published Engineer’s estimate, and in no case shall the contract award exceed $300,000.

3.11 RIGHTS OF THE CONTRACTING AGENCY

A. The Contracting Agency reserves the right to accept the Bid in the best interest of the Contracting Agency from a responsive, responsible bidder, a bid schedule based upon plans and specifications prepared by the Bidder, to reject any or all Bids, republish the Advertisement for Bids, revise or cancel the work to be performed, or to do the work otherwise, if in the judgment of the Contracting Agency, the best interests of the Contracting Agency is served thereby.

PART 4 - AWARD OF CONTRACT

4.01 NOTICE OF AWARD

A. The acceptance of a Bid will be evidenced by a written notice of award delivered to the bidder whose Bid is accepted.

B. Within ten (10) days after issuance of the notice of award the Agreement form set forth in Section 00 52 13 shall be executed in duplicate and returned, together with the performance and payment bonds, and certificates of insurance with endorsements as required by the Contract Documents.

C. The bidder shall not commence physical modification of the work site until the Contracting Agency has issued its notice of award, notice to proceed, and the Contracting Agency has received the executed Agreement form and bonds and certificates of insurance meeting the requirements of the Contract Documents.

4.02 PERFORMANCE AND PAYMENT BONDS

A. The bidder awarded this Contract shall furnish performance and payment bonds on forms set forth in Section 00 61 13.13 and Section 00 61 13.16, or similar form acceptable to the Contracting Agency in the amount of 100% of the total Contract Sum as security for the faithful performance and completion of the Work. Such bonds shall be executed and sealed by a duly licensed surety registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the State of Washington published by the Office of the Insurance Commissioner. Attorneys-in-fact who sign bonds must file with each bond a certified and effectively dated copy of their Power of Attorney.

B. The scope of the performance and payment bonds shall not affect or alter the liabilities of the Contractor to the Contracting Agency under the terms of the Contract Documents.

C. The Contracting Agency may require the surety to appear and qualify itself upon the bond. If at any time the Contracting Agency determines, in its sole judgment, that the surety is insufficient, the Contracting Agency may require the Contractor to furnish additional surety in form and arrangement satisfactory to the Contracting Agency and in an amount not exceeding that originally required. Payments will not be made on the Contract until sufficient surety as required is furnished.

D. The person signing the performance bond on behalf of the Contractor shall also sign the Agreement form and bonds.

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4.03 EXTENSION OF TIME

A. If the Agreement form is not executed or not submitted to the Contracting Agency within the time required and, in the Contracting Agency’s discretion, circumstances warrant an extension of time, it may extend the time for execution of the Agreement form or for furnishing bonds and insurance certificates for a period not to exceed ten (10) additional days.

4.04 FAILURE TO EXECUTE CONTRACT

A. If the bidder awarded the Contract fails to execute the Agreement form and furnish the required bonds and insurance certificates within ten days from delivery of the notice to award, or declares in writing its intent not to execute the Contract, its Bid Guarantee shall be forfeited to the Contracting Agency and the Contracting Agency may issue notice of award to the second lowest responsible Bidder, and in like manner until the Agreement form and bonds are executed by a responsible bidder to whom award is made, or further Bids are rejected. Forfeiture of the Bid Guarantee shall not limit the Contracting Agency’s right to recover damages from the bidder caused by the bidder’s failure to execute the Contract.

4.05 CANCELLATION OF AWARD

A. The Contracting Agency reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without liability to the Contracting Agency.

END OF SECTION

Section 00 41 13 – Bid Form

Port of Port Townsend 00 41 13 - 1 Quilcene Herb Beck Marina Boat Ramp Replacement Bid Form

BID FORM

BIDDER'S NAME

PROJECT TITLE: QUILCENE HERB BECK MARINA BOAT RAMP REPLACEMENT

Contract No. QC-01-016

The undersigned bidder declares that it has read the specifications, understands the conditions, has examined the site, and has determined for itself all situations affecting the work herein bid upon.

Evaluation of the bid schedule and award of contract will be at the Contracting Agency’s sole discretion to lowest bid price, responsive and responsible bidder in the Contracting Agency best interest. The cumulative total contract bid price including all schedules and sales tax will serve as the basis for determining the lowest bid price. The order of award will first be Schedule A, and second, if included, Schedule B, and so forth, all contingent upon available funding.

And, bidder proposes and agrees, if this proposal is accepted, to provide at bidder’s own expense, all labor, equipment, machinery, tools, materials, etc., including all work incidental to, or described or implied as incidental to such items, according to the Contract Documents, and that the bidder will complete the work within the time stated, and that bidder will accept in full payment therefore the unit price(s) and/or lump sum prices as set forth in the bid below.

Unit prices and estimated quantities shall be used to determine the Bid. These prices shall also be used to adjust the Contract in the event there is an increase or decrease in the estimated quantities. All costs shall be “in place” costs and complete. In the event of an irregularity, the unit price prevails. The Contracting Agency reserves the right to make mathematical corrections of multiplication or addition errors on the bid form.

REGISTRATION ON THE CONTRACTING AGENCY’S PLAN-HOLDER LIST IS REQUIRED TO SUBMIT A BID

FORM.

ALL PAGES OF THIS BID FORM IN ITS ENTIRETY INCLUDING BID SECURITY FORM (00 43 13) MUST BE

RETURNED IN ACCORDANCE WITH THE INSTRUCTION TO BIDDERS. ADDITIONAL PAGES CAN BE

PROVIDED TO COMPLETE THE STATEMENT OF BIDDERS QUALIFICATONS.

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BID REQUIREMENTS

Bidder shall submit a price for all items on the Bid Schedule as shown above including the alternative/option bid item(s), if any. Incomplete Bid Schedule will not be considered responsive Bids and, therefore, will be rejected.

Schedule A – Quilcene Herb Beck Boat Ramp Replacement

Item No. Description Qty Unit Unit Price Total Price

A1 Mobilization and Demobilization 1 LS

A2 High Visibility Silt Fence 250 LF

A3 Other Temporary Erosion and Sediment Control

1 LS

A4 Demolition 1 LS

A5 Construction Survey 1 LS

A6 Boarding Floats and Piles 1 LS

A7 Precast Boat Ramp Panels 1 LS

A8 Cast-In-Place Float Landing 1 LS

A9 Cast-In-Place Access Wedge 1 LS

A10 Slope Excavation Riprap Stockpile 400 CY

A11 Slope Excavation Incl. Waste Haul 130 CY

A12 Geotextile Fabric (Slope) 400 SY

A13 Quarry Spalls Import (Slope) 100 Ton

A14 Riprap Stockpile Placement (Slope) 400 CY

A15 Riprap Import (Slope) 150 Ton

A16 Traffic Control 1 LS

A17 Site Restoration 1 CALC $15,000.00 $15,000.00

Subtotal $

Port of Port Townsend 00 41 13 - 3

Jefferson County Sales Tax @ (9.50%) $

TOTAL BID $

Port of Port Townsend 00 41 13 - 4

Port of Port Townsend 00 41 13 - 5 dnakagawara Text Box Herb Beck Marina Boat Ramp Replacement

Port of Port Townsend 00 41 13 - 6

Certification of Compliance with Wage Payment Statutes

The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (October 30, 2024), the bidder is not a “willful” violator, as defined in RCW

49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as 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.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Bidder’s Business Name

Signature of Authorized Official*

Printed Name

Title

Date

City

State or country

Check One:

Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐

State of Incorporation, or if not a corporation, State where business entity was formed:

If a co-partnership, give firm name under which business is transacted:

* If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.

Port of Port Townsend 00 41 13 - 7

STATEMENT OF BIDDER’S QUALIFICATIONS AND PROPOSED SUBCONTRACTORS

(1) Bidder certifies that it has the following experience and qualifications:

1.1 Bidder's experience in this type and magnitude of Work, as outlined in the Bid Evaluation Section of Section 00 21 13 – Instruction to the Bidders:

(2) Bidder’s References:

2.1 Financial Institution:

2.2 Name and provide the current addresses, current telephone numbers and current email addresses of at least three persons that the Contracting Agency may contact to obtain information about bidder’s prior work of this type:

(i)

(ii)

(iii)

(3) Schedule:

3.1 List any and all factors that might preclude bidder from meeting any part of the contract schedule and restrictions specified in the General Requirements Section 1.03; 1.04; 1.05:

(4) Subcontractors or Suppliers (performing/providing 15% or more of the work):

4.1 Subcontractors/Supplier’s name, work item description and amount of work performed:

4.2 Bidders Subcontractor’s/Supplier’s experience in this type and magnitude of Work:

(5) Facilities/equipment that bidder will use to perform the Work:

Port of Port Townsend 00 41 13 - 8

Port of Port Townsend 00 41 13 - 9

(8) Bidder certifies the following:

8.1 It has registered as a plan-holder on the Contract Agency’s plan-holder list.

8.2 It has received, reviewed, and incorporated Addenda issued during the bid period.

Number of Addendums Received __________(Insert Number)

8.3 It has in place a proper safety and accident prevention program that for this Work fully complies with all safety orders, rules, regulations codes and requirements of all federal, state, and local governmental agencies that have jurisdiction over safety relating to the Work, including but not limited to federal OSHA and state WISHA.

8.4 It will require each of its subcontractors of any tier (if any) to have in place a proper safety and accident prevention program that meets or exceeds all requirements listed in 8.1 above.

8.5 It will strictly enforce all requirements of safety and accident prevention programs throughout the entire Work, including but not limited to all requirements relating to safety equipment, work rules, worker safety, written site-specific safety plans, safety meetings, safety inspections and all requirements to assure the safety of all work sites, all workers, all Contracting Agency employees and/or representatives, and the general public.

8.6 It will strictly comply with and ensure that all subcontractors and suppliers of any tier will strictly comply with all requirements of Section 00 73 19 Health and Safety Provisions.

8.7 It will defend, indemnify and hold the Contracting Agency harmless from any and all consequences of any failure by it or any of its subcontractors to fully comply with all the requirements of Section 00 72 00 General Conditions.

8.8 It will meet Responsibility requirements as outlined in 39.04.350 RCW and stated in the Bid Evaluation Section of 00 21 13 - Instruction to Bidders.

8.9 All costs for developing bids will be borne by each bidder. The Contracting Agency is not responsible for any compensation for costs incurred as a result of compiling a bid.

I represent and warrant that the data provided above is true and accurate.

SIGNATURES

Name of Firm

Signature By (Type or Print) Title Date

Mailing Address City State Zip Code

Telephone Number E-mail

Washington State Contractor's License No.

Date of Issue ____________________ Expiration Date

Legal Formation (sole proprietor, partnership, corporation, joint venture, etc.) _____________________________

Federal Tax ID No. __________________________________

Bids submitted without a signature will be determined non-responsive, In accordance with Specifications Section 00 21 13, paragraph 3.04

Section 00 43 13 – Bid Security Form

Port of Port Townsend 00 43 13 - 1 Quilcene Herb Beck Marina Boat Ramp Replacement Bid Security Form

KNOW ALL MEN BY THESE PRESENT:

That we, ___________________________________________________________________, as Principal, and

________________________________________, as Surety, are held and firmly bound unto the PORT OF PORT

TOWNSEND as Obligee, in the penal sum of ________________________________ Dollars, for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigned, jointly and severally, by these present.

The condition of this obligation is such that if the Obligee shall make any award to the Principal for completion of the QUILCENE HERB BECK MARINA BOAT RAMP REPLACEMENT project, according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the

Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or, if the principal shall, in case of failure to do so, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond.

SIGNED, SEALED AND DATED THIS _________ day of__________________, 2026

BY ______________________________________

Principal

BY…