2025 ADA Barriers - Final Specs Part 1-3 (Proposal).pdf

Contract Provisions

For Construction of:

2025 ADA BARRIER REMOVAL PROJECT

MAY 2025

CITY OF SAMMAMISH

PUBLIC WORKS DEPARTMENT

801 228TH AVENUE SE

SAMMAMISH, WA 98075

2025 ADA Barrier Removal Project

Notice to All Planholders

The Project Engineer assigned to answer questions regarding these bid documents and to show this project to prospective bidders is:

Joe Dapcevich 801 228th Ave SE Sammamish, WA 98075

(206) 572-0595

As the Engineer in direct responsible care of developing these contract provisions, I certify these provisions have been developed or incorporated into this project under my supervision or as a result of certified specifications provided by other licensed professionals.

Approved for Construction:

Audrie Starsy Date

Public Works Director**

Lei Wu, P.E. Date

City Engineer**

**The signature of the City Engineer n these Contract Provisions shall serve as written approval for all variations to the Public Works Standards contained within this project as required by PWS. 10.170.

TABLE OF CONTENTS

PART 1 PROPOSAL INTRODUCTION .............................................................................. 1-1

INVITATION TO BID .............................................. 1-ERROR! BOOKMARK NOT DEFINED.

BIDDER’S CHECKLIST .............................................................................................. 1-4

PART 2 PROPOSAL ........................................................................................................ 2-1

PROPOSAL ............................................................................................................. 2-2

SCHEDULE OF PRICES ............................................................................................. 2-4

BID SECURITY FORM ............................................................................................. 2-6

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA ................................................... 2-7

BIDDER INFORMATION AND SIGNATURE ................................................................ 2-8

NON-COLLUSION AND DEBARMENT AFFIDAVIT ..................................................... 2-10

MINIMUM WAGE AFFIDAVIT FORM ...................................................................... 2-10

CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES ........................ 2-12

SUBCONTRACTOR LIST .......................................................................................... 2-13

STATEMENT OF BIDDER’S QUALIFICATIONS ............................................................ 2-14

RESPONSIBLE BIDDER CRITERIA ............................................................................ 2-16

PART 3 SAMPLE CONTRACT …………………………….……………………………….………………….……… 3-1

PART 4 SPECIAL PROVISIONS …………….……………………………………..……………….…….….……. SP-1

APPENDIX A ……………….……………...……………………………….……… PREVAILING WAGE RATES

APPENDIX B ………………………………..……………………………………….………… STANDARD PLANS

APPENDIX C …….…………………………………….……..…….. LANE CLOSURE RESTRICTIONS MAP

APPENDIX D ……………………………………………………..………...……… TRAFFIC CONTROL PLANS

APPENDIX E …..………..…………..…….…….……….…...…… TREE PROTECTION SPECIFICATIONS

APPENDIX F ……………….…...…….………...…… STEEL PLATE INSTALLATION SPECIFICATIONS

APPENDIX G …………………….………………………..………………………………….. ARBORIST REPORT

PART 5. PLANS

City of Sammamish Part 1 2025 ADA Barrier Removal Project Proposal Introduction 1-1

PART 1

PROPOSAL INTRODUCTION

1-2

NOTICE TO CONTRACTORS

CITY OF SAMMAMISH

Proposals will be received by the City until 11:00 a.m. (local time) on Tuesday, May 20th, 2025, for furnishing the necessary labor, materials, equipment, tools, and guarantees thereof to construct the 2025 ADA Barrier Removal Project.

Solicitation, bidding, bid results, and all communications relating to this invitation to bid (ITB) will be managed electronically through Bidnet Direct. Vendors interested in viewing the ITB, project plans, specifications, addenda, and/or submitting bids for this Project must be registered in the Bidnet system. Proposals are to be submitted only on the form provided in the project Bidnet posting. For questions relating to Bidnet and the submission process, please contact the City’s Project Manager listed below.

PROJECT DESCRIPTION

The work in this contract includes removing and replacing damaged sidewalk panels and upgrading non-ADA-compliant pedestrian curb ramps at various locations throughout the City of Sammamish.

The work shall be completed within thirty [30] working days after the commencement date stated in the Notice to Proceed, and between the dates of June 25th and September 1st (summer break for Issaquah and Lake Washington School Districts).

Please note that school schedules are subject to change. Updated school calendars for Issaquah and Lake Washington School Districts can be found at www.isd411.org/about-us/calendars and hwww.lwsd.org/calendar, respectively. All bidding and construction shall be performed in compliance with the Contract Documents for this project and any addenda issued thereto which will be uploaded to the project Bidnet posting.

Please post any questions concerning this Project to Bidnet by May 15th, 2025. Any oral communications will be considered unofficial and non-binding on the City. Questions will be answered in writing and posted on Bidnet by May 16th, 2025. It is the responsibility of individual firms to check this website for any amendments or Q&As related to this project.

Project Manager Joe Dapcevich jdapcevich@sammamish.us

Alternate Contact Greg Stamatiou gstamatiou@sammamish.us

Financing for this Project will be provided by the City of Sammamish. The City of Sammamish expressly reserves the right to reject any or all bids and to waive minor irregularities or informalities and to further make award of the Project to the lowest responsive, responsible bidder as it best serves the interest of the City.

https://www.lwsd.org/calendar mailto:jdapcevich@sammamish.us

1-3

The City of Sammamish, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair 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.

Krista Kielsmeier, City Clerk

DATES OF PUBLICATIONS

This ITB will be posted and managed through Bidnet, and be solicited as follows:

MRSC Small Works Roster ……………………………………..…………..… May 6th, 2025

Office of Minority & Women's Business Enterprises (OMWBE) ……....... May 6th, 2025

1-4

BIDDER’S CHECKLIST

1. REQUIRED FORMS

The Bidder shall submit the following forms as part of the proposal. The forms must be executed in full and submitted with the Proposal.

_____ Proposal

_____ Schedule of Prices

_____ Bid Security Form

_____ Acknowledgement of Receipt of Addenda

_____ Bidder Information and Signature

_____ Non-Collusion and Debarment Affidavit

_____ Minimum Wage Affidavit Form

_____ Certification of Compliance with Wage Payment Statutes

Every prime contract bidder shall submit with the bid or within one hour after the published bid submittal time, the names of subcontractors. (Only required if the project is expected to cost one million dollars or more.)

_____ List of Subcontractors

The two lowest bidders shall submit the following forms within 48 hours after the bid opening. Failure to submit these forms may result in the Contracting Agency refusal to accept the Bid.

_____ Statement of Bidder’s Qualifications

_____ Responsible Bidder Criteria

2. AGREEMENT FORMS

The following forms (a., b., and c.) are to be executed and the following Certificates of Insurance (d. and e.) are to be provided after the Contract is awarded and prior to Notice to Proceed.

a. Agreement

b. Performance Bond

c. Labor and Material Payment Bond

d. Certificate of Insurance

e. Certificate of Builder’s Risk “All Risk” Insurance

f. City of Sammamish Business License

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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PART 2

PROPOSAL

PROPOSAL – Continued ___________________________ Print Contractor Name

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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PROPOSAL

Honorable Mayor and Council City of Sammamish 801 228th Avenue NE Sammamish, WA 98075

The work in this contract includes removing and replacing damaged sidewalk panels and upgrading non-compliant curb ramps. The work is divided into two (2) sites as follows:

Site A (15 Working Days)

Removing and repouring damaged sidewalk panels at 16 locations along 228th Avenue SE, between SE 8th Street and NE 8th Street. Tree root shaving, pruning, and/or plating will be required at up to 15 of the locations.

Site B (15 Working Days)

Removing and replacing seven (7) existing pedestrian curb ramps to meet ADA-compliancy at two intersections along SE Klahanie Blvd.

The work shall be completed within thirty [30] working days after the commencement date stated in the Notice to Proceed and between the dates of June 25th and September 1st (summer break for Issaquah and Lake Washington School Districts). No work is to be done on Saturdays, Sundays, and Holidays.

All bidding and construction shall be performed in compliance with the Notice to Contractors, Bid Proposal, Plans, Specifications, and Contract for this project and any addenda issued thereto which are on file at the office of the City Clerk, City Hall, City of Sammamish, Washington.

It is understood herein that after the date and hour set for the opening of bids, no Bidder may withdraw its Proposal, unless the award of the Contract is delayed for a period exceeding sixty

(60) consecutive calendar days.

The undersigned has examined the site(s), local conditions, Addenda, Contract Provisions, Plans, and all applicable laws and ordinances covering the Work contemplated. In accordance with the terms, provisions, and requirements of the foregoing, all of their respective terms and conditions are incorporated herein by this reference and the following unit and lump sum prices are tendered as an offer to perform the Work and furnish the equipment, materials, appurtenances, and guarantees, complete in place, in good working order.

The undersigned freely states that it is familiar with the provisions of the competitive bidding statutes of the State of Washington, and specifically the provisions of RCW Chapter 9.18, and certifies that with respect to this Proposal, there has been no collusion or understanding with any other person, persons, or corporation, to prevent or eliminate full and unrestricted competition among Bidders on this Project.

The undersigned agrees that in the event of contract award, it shall employ only Contractor and Subcontractors duly licensed by the State of Washington.

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The undersigned agrees that the Owner reserves the right to reject any or all bids and to waive any minor informalities.

The undersigned hereby agrees that the Owner reserves the right to award the contract to the lowest responsible, responsive bidder whose Proposal is in the best interest of the Owner. The Owner will determine at the time of award of the Project which additives, if any, will be included in the Contract.

The Basis for determining the low bidder shall be the lowest TOTAL BID.

Total Bid: $________________________________

Note: Unit prices for all items, all extensions and the total amount of bid must be shown.

All entries must be typed or entered in ink.

The undersigned agrees that the Owner is authorized to obtain reports from all references included herein.

I, the undersigned, hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State 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 RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to this project’s bid solicitation date.

Print Company Name

By (Print Name)

By (Signature)

Title

Date Place of Execution Date

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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SCHEDULE OF PRICES

NOTE:

• Unit prices for all items, all extensions, and the total amount bid must be shown.

• The project must be in its entirety, including all bid items and any bid additive bid items as specifically listed in the Proposal, in order to be considered a responsive bid.

• Where conflict occurs between the unit price and the total amount named for any item the unit price shall prevail, and totals shall be corrected to conform thereto.

• All entries must be typed or printed and entered in ink. Award of the Contract shall be based on the lowest, responsive bid.

(Standard Specifications and Special Provision references shown are provided for information only to assist bidders in the preparation of their proposal. Bidders shall not rely on this information and must thoroughly examine the contract requirements during the preparation of their proposal.)

Item No. Item With Unit Priced Bid Spec Unit

Approx.

Quantity Unit Price Amount

MINOR CHANGE SS 1-04 EST 1.00 $25,000.00 $25,000.00

CONSTRUCTION SURVEYING SS 1-05 L.S. 1.00 $ $

ADA FEATURES SURVEYING SP 1-05.4 L.S. 1.00 $ $

MOBILIZATION SS 1-09 L.S. 1.00 $ $

5 PROJECT TEMPORARY TRAFFIC

CONTROL SP 1-10 L.S. 1.00 $ $

6 REMOVAL OF STRUCTURES AND

OBSTRUCTION SS 2-02 L.S. 1.00 $ $

ROADWAY EXCAVATION INCL. HAUL SS 2-03 L.S. 1.00 $ $

8 CRUSHED SURFACING TOP COURSE

(CSTC) SS 4-04 TN 40.00 $ $

9 COMMERCIAL HMA CL. ½” PG 58H-

22 SS 5-04 TN 5.00 $ $

ADJUST CATCH BASIN SS 7-05 EA 1.00 $ $

ADJUST VALVE BOX SS 7-05 EA 1.00 $ $

TEMPORARY EROSION CONTROL SP 8-01 L.S. 1.00 $ $

INLET PROTECTION SS 8-01 EA 11.00 $ $

LANDSCAPE RESTORATION SP 8-02.3(17) L.S. 1.00 $ $

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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Item No. Item With Unit Priced Bid Spec Unit

Approx.

Quantity Unit Price Amount

CEMENT CONC. CURB AND GUTTER SS 8-04 L.F. 190.00 $ $

CEMENT CONC. PEDESTRIAN CURB SS 8-04 L.F. 135.00

CEMENT CONC. SIDEWALK SS 8-14 S.Y. 417.00 $ $

18 CEMENT CONC. CURB RAMP TYPE

PARALLEL SS 8-14 EA 6.00 $ $

19 CEMENT CONC. CURB RAMP TYPE

PERPENDICULAR SS 8-14 EA 1.00 $ $

PLASTIC CROSSWALK LINE SS 8-22 S.F. 724.00 $ $

PLASTIC STOP LINE SS 8-22 S.F. 110.00 $ $

TREE ROOT MANAGEMENT SP 9-14.9 L.S. 1.00 $ $

23 RESOLUTION OF UTILITY

CONFLICTS/UNKNOWNS SP 1-07 F.A. 1.00 $ 10,000 $ 10,000

TOTAL CONSTRUCTION COST ........................................... $

*Note: Contractor is advised to be familiar with Washington State Revenue Rule 171 as no separate, distinct sales tax monies will be reimbursed to the Contractor. See Special Provisions 1-07.2(1).

BID DUE DATE/TIME:

Bids due Tuesday, May 20th, 2025, at 11:00am PT (Electronically via Bidnet Direct)

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BID SECURITY FORM

Herewith find deposit in the form of a certified check, cashier's check, or bid bond in the amount of $ which amount is not less than five percent of the total bid.

Sign here

Know All Men by These Presents:

That we, , as Principal, and as Surety, are held and firmly bound unto the City of

Sammamish, as Obligee, in the penal sum of

Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the

Principal therefor, 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 , 20______

Principal

Surety

Received return of deposit in the sum of $

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Contract Documents:

Addendum No.

Date of Receipt Signature

NOTE:

Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and the City reserves the right to determine whether the Bid will be disqualified.

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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BIDDER INFORMATION AND SIGNATURE

The Bidder proposes to accept as full payment for the Work proposed herein, the amount computed under the provisions of the Contract Provisions. The undersigned Bids for the following described Project:

2025 ADA BARRIER REMOVAL PROJECT

The party by whom this Bid is submitted and by whom the Contract will be entered into, in the event the award is made to this party, is:

Contractor (Firm Name) Signature

Address Name (Print) & Title

Phone Number Date of Signing

Contractor’s Washington State (Indicate whether contractor is License Number partnership, joint venture, corporation, or sole proprietorship)*

*If Bidder is a corporation, write State of Incorporation under signature. If partnership, give full names of all partners.

The name of the President, Treasurer, and/or Manager of the Bidding corporation, or the names of all persons and parties interested in this Bid as partners or principals, are as follows:

Name Address

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IF SOLE PROPRIETOR OR PARTNERSHIP

IN WITNESS hereto, the undersigned has set his (its) hand this __________ day of ________, 20____.

Signature of Bidder

Title

IF CORPORATION

IN WITNESS WHEREOF, the undersigned corporation has caused this instrument to be executed by its duly authorized officers this ___________ day of _________________, 20____.

Attest: ____________________________ Name of Corporation

___________________________________ by__________________________ Secretary

Sworn to me before me this ________ day of

_____________________________, 20____.

Notary Public in and for the State of Washington Residing at:

NOTES:

If the Bidder is a co-partnership, give firm name under which business is transacted;

Proposal must be executed by a partner. If the Bidder is 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).

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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NON-COLLUSION AND DEBARMENT AFFIDAVIT

* STATE OF WASHINGTON )

** COUNTY OF )

I, the undersigned, an authorized representative of _________________________________, being first duly sworn on oath do hereby certify that said person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted.

I further certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

I further acknowledge that by signing the signature page of the proposal, I am deemed to have signed and have agreed to the provisions of this affidavit.

Name of Project

Name of Bidder's Firm

Signature of Authorized Representative of Bidder

Printed Name of Authorized Representative of Bidder

Date

I certify that I know or have satisfactory evidence that ____________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.

Dated __________________ _____________________________________________

Notary Public in and for the State of Washington residing at _________________________

Notary (print): __________________________________

My appointment expires: ________________________

NOTE:

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate above to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

* A suspending or debarring official may grant an exception permitting a debarred, suspended, or excluded person to participate in a particular transaction upon a written determination by such official stating the reason(s) for deviating form the Presidential policy established by Executive order 12549..." (49 CFR Part 29 Section 29.215).

* If notarization of proposal takes place outside of Washington State, DELETE WASHINGTON, and enter appropriate State.

** Fill in county where notarization of proposal takes place.

City of Sammamish Part 2 2025 ADA Barrier Removal Project Proposal

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MINIMUM WAGE AFFIDAVIT FORM

STATE OF WASHINGTON )

) SS

COUNTY OF KING )

I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief.

Name of Project

Name of Bidder's Firm

Signature of Authorized Representative of Bidder

Printed Name of Authorized Representative of Bidder

I certify that I know or have satisfactory evidence that ____________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be

(his/her) free and voluntary act for the uses and purposes mentioned in the instrument.

Dated __________________

Notary Public in and for the State of Washington residing at ________________________

Notary (print): _________________________________

My appointment expires: _______________________

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CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES

The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date May 6th, 2025, 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 certify 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

City

State

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.

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SUBCONTRACTOR LIST

Failure to list subcontractors with whom the bidder, if awarded the contract, will directly subcontract for performance of the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical, as described in

Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void.

Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below.

The work to be performed is to be listed below the subcontractor(s) name.

To the extent the Project includes one or more categories of work referenced in RCW 39.30.060, and no subcontractor is listed below to perform such work, the bidder certifies that the work will either

(i) be performed by the bidder itself, or (ii) be performed by a lower tier subcontractor who will not contract directly with the bidder.

Work to be Performed

Subcontractor Name

Address

Phone No. State Contractor's License No

*Bidder’s are notified that it is the opinion of the enforcement agency that PVC or metal conduit, junction boxes, etc., are considered electrical equipment and therefore considered part of the electrical work, even if the installation is for future use and not wiring or electrical current is connected during the project.

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STATEMENT OF BIDDER’S QUALIFICATIONS

Name of Firm:

Address:

Telephone No.:

Contact Person for this Project:

Number of years the Contractor has been engaged in the construction business under the present firm name, as indicated above: ______________

Gross dollar amount of work currently under contract:

Gross dollar amount of contracts currently not completed:

General character of work performed by the firm:

List all of the projects over one-hundred thousand dollars total of a similar nature which have been completed by the Contractor within the last five (5) years and the gross dollar amount of each project, together with the Owner’s name and phone number, and the Engineer’s name.

Project Name Amount Owner Phone Engineer’s

Name

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List five major pieces of equipment which are anticipated to be used on this project by the Contractor and note which items are owned by the Contractor and which are to be leased or rented from others:

1.

2.

3.

4.

5.

Bank Reference:

How many general superintendents or other responsible employees in a supervisory position do you have at this time, and how long have they been with the firm?

Identify who will be the general superintendent or project superintendent on this Project and list the number of years with the firm.

Have you changed bonding company within the last three (3) years?

If so, why?

Have you ever been sued or engaged in arbitration by the Owner or have you ever sued or demanded arbitration from an Owner on any public works contract for a special utility district, private utility company, municipality, county or state government? __________ For what reason?

Disposition of case, if settled:

Do you have any outstanding payments due to the Department of Revenue?

If yes, explain:

Bidder agrees that the Owner shall retain the right to obtain any and all credit reports.

Yes: ____ No ____

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RESPONSIBLE BIDDER CRITERIA

In accordance with RCW 39.04, 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:

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

RCW

2. Have a current state unified business identifier (UBI) number

3. If applicable, have industrial insurance coverage for the Bidder’s employees working

Washington as required in Title 51 RCW

4. If applicable, have an employment security department number as required in Title 50 RCW

5. If applicable, have a state excise tax registration number as required in Title 82 RCW

6. Not be disqualified from Bidding on any Public Works Contract under RCW 39.06.010 or

39.12.065(3)

In accordance with RCW 39.06, a Public Works Contractor 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 criteria and possesses an electrical contractor license, if required by RCW 19.28, or an elevator contractor license, if required by RCW

70.87. This verification requirement, as well as the responsibility criteria, must include every Public

Works Contract and subcontract of every tier.

Providing the following information is MANDATORY in order to meet “Responsible Bidder” requirements. Failure to provide this information may disqualify your Bid as being “Non-

Responsive”. If your business is not required to have one of the following numbers, provide an explanation.

1. State of Washington Contractor Registration No. __________________________

2. State of Washington Unified Business Identifier No. _______________________

3. Employment Security Department No. __________________________________

4. State Excise Tax Registration No. ______________________________________

5. Is the payment of Worker’s Compensation (Industrial Insurance) Premiums current? If your business does not have a Worker’s Comp account with the WA State Dept. of Labor & Industry please explain why.

[ ] Yes

[ ] No (If No, you are not eligible to bid on this project

[ ] No Account – Explain why: __________________________________________

6. Are you disqualified from Bidding on Public Works Projects in the State of Washington?

[ ] Yes (If Yes, you are not eligible to Bid on this Project)

[ ] No

PART 3

CONTRACT DOCUMENT FORMS

AGREEMENT

This agreement by and between the City of Sammamish, Washington, a municipal corporation of the State of Washington, hereinafter referred to as the "Owner", and hereinafter referred to as the "Contractor", witnesseth that in accordance with the terms and conditions of this Contract awarded the day of , 20___, the parties agree as follows:

SECTION 1. That the Contractor shall do or cause to be done all work and shall furnish or cause to be furnished all tools, materials, equipment, and labor necessary to construct in accordance with and as described in the bid submittal as attached to this executed contract, on file with the City Clerk, for the following awarded contract price which includes Washington

State Sales and/or Use Tax:

Awarded Contract Price $

The Contractor shall provide and bear the expense of all equipment, material, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the contract documents as furnished by the Owner.

SECTION 2. The parties shall be bound by the Constitution and Laws of the State of

Washington, and the Ordinances, Rules and Regulations of the City of Sammamish, and by all applicable federal laws and government regulations, which provisions are incorporated by reference herein.

For the convenience of the parties of this Contract, it is mutually agreed that any claims or causes of action which the Contractor has against the Owner arising from this contract shall be brought within 180 calendar days from the completion date of the contract. It is further agreed by the parties that any such claims, disputes, or causes of action which cannot be resolved pursuant to the procedures set forth in the contract documents shall be brought only in the Superior Court of King County. The parties understand and agree that the Contractor's failure to bring suit within the time period provided shall be a complete bar to any such claims or causes of action.

By this reference, the provisions of the Washington State Department of Transportation and

APWA Standard Specifications for Road, Bridge and Municipal Construction (including

JDapcevich Stamp but not limited to the General Requirements section), as revised, supplemented or replaced by contract documents, shall apply to this project, which is the subject of this contract

SECTION 3. The Contractor shall comply with the indemnification and insurance requirements as identified in the Special Provisions, 1-07.18 - Insurance. The Contractor shall submit a Certificate of Insurance, naming the City of Sammamish as additional insured, that meets the requirements identified in Special Provision 1-07.18 at the time the Contractor returns the signed contract to the Owner.

SECTION 4. The payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW are hereby incorporated into this agreement.

SECTION 5. In accordance with Chapter 39.12 RCW and the contract documents, the

Contractor shall pay, or cause to be paid to persons employed on or in connection with this work, not less than the prevailing rate of wage for an hour’s work specified for the labor performed.

SECTION 6. The Contractor shall complete and submit to the Department of Labor and

Industries, the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” forms. The “Statement of Intent to Pay Prevailing Wages” form(s) is required to be submitted to, and approved by, the State prior to the release of any payment. The “Affidavit of Wages

Paid” form(s) is required to be submitted to, and approved by, the State prior to the release of any retainage.

SECTION 7. Title VI Compliance

(Appendix A – Title VI Assurances)

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

A. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Washington State

Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in

Appendix B of 49 CFR Part 21.

C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the

Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

D. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.

E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the

Non discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

F. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the

Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

(Appendix E – Title VI Assurances)

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part

21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age

Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities

(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)

(prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English

Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with

Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

SECTION 8. The Contractor shall begin the work in the contract immediately after written

Notice to Proceed has been issued to said Contractor by the Owner, and to carry said work on regularly and without interruption thereafter (unless the Owner shall otherwise, in writing, specifically direct) with such forces as to complete said work within after such notice to begin work, the time of beginning, rate of progress, and time of completion being essential and material provisions of the Contract.

SECTION 9. The Owner agrees to employ the Contractor to complete the work in accordance with the attached bid submittal and agrees to pay for the same according to the schedule of prices listed in the bid submittal form, at the time and in the manner and upon the conditions provided for in the Contract.

The Contractor shall inform all subcontractors who work on the project named in Section 1 of this Agreement of the manner and method of payment and the manner and method of measuring or computing the quantities of subcontracted work.

SECTION 10. The Contractor on behalf of his or her heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants to which the Contractor is obligated under the terms of the contract.

SECTION 11. It is further provided that no liability shall attach to the Owner by reason of entering into this contract except as expressly provided herein.

SECTION 12. In the event of violation of any of these covenants or any provisions thereof, payment due from the Owner for any work done under the contract may be withheld until full compliance therewith; that the work may be stopped or, at the discretion of the Owner the contract may be canceled and forfeited.

SECTION 13. Solely with respect to claims for indemnification under this contract, the

Contractor waives, as to the Owner only, its immunity under Title 51 RCW. This Section has been negotiated by the parties as indicated by their initials below:

Contractor: Owner:

IN WITNESS WHEREOF, the parties hereto have executed this agreement effective as of the day and year first above written.

OWNER: CITY OF SAMMAMISH

By (Print Name): Date

Signature Title

CONTRACTOR NAME:

By (Print Name): Date

Signature Title

For Office Use Only

Received by:

City Clerk Date

Received by:

Date Contract Administrator

BARS #

Approved as to form Kari Sand City Attorney March 19, 2022