NWR401598R - Gate Installation.docx

Invitation to Bid NWR401598R Gate Installation The Washington State Department of Transportation (WSDOT), issues this Invitation to Bid (ITB) under the authority of the Revised Code of Washington (RCW) 39.26. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this ITB.

Posting Date………………………….Thursday, July 18, 2024

MANDATORY Site Visit……… Wednesday, July 31, 2024, 10:00am

Bids are due Tuesday, August 13, 2024

Attention: Zebulon Clinton

IMPORTANT: Quotes may be via email (preferred) with NWR401598R in the subject line or delivered in a sealed package with the following information on the outside:

· ITB number

· Bid due date and time

· Procurement coordinator’s name

· Name and address of bidder’s company

The Procurement Coordinator is the SOLE POINT OF CONTACT for this solicitation. All communication between suppliers and WSDOT shall be with the Procurement Coordinator only.

SUMMARY OF OPPORTUNITY

1.1 Purpose of the ITB and Scope of Contractor Services

The purpose of this solicitation is to obtain quotes from qualified businesses to install a vertical pivot gate and accessories in Everett, Snohomish County, WA. The successful bidder shall provide all necessary labor, equipment, and materials required to perform the work per the specifications detailed in Section 2 of this solicitation. Quotes must be submitted on the worksheet provided in this solicitation (Appendix D) for the following line items:

1.2 Contract Effective Dates

The contract is effective from the date of award through completion of work as determined by WSDOT. The successful bidder shall demonstrate to WSDOT the commencement of contract performance within ten (10) business days of contract award, either by showing that materials are on-order and/or actively engaging with WSDOT to schedule the work or clarify logistical issues. Should a successful bidder be unable to demonstrate commencement of contract performance within this timeframe, WSDOT reserves the right to reject that bidder on grounds of responsibility and award the next ranked bidder as determined by the price evaluation terms set forth in this solicitation.

The successful bidder should be prepared to complete all work within sixty (60) business days following the receipt of materials.

1.3 Mandatory Pre-Bid Site Visit

A Pre-Bid Site Visit will be held on Wednesday, July 31, 2024 beginning at 10:00am. Attendance at this Site Visit is MANDATORY for all bidders. Bidders shall sign an attendance sheet at the place and time of the meeting. Bidders arriving late may not be allowed to participate in the Site Visit.

Bidders shall RSVP the Procurement Coordinator at least 24 hours prior to the Site Visit.

Bidders shall submit any questions from the Site Visit in writing to the Procurement Coordinator by no later than the Question Period End Date. Only questions submitted in writing are guaranteed to be answered.

Bidders shall be responsible for bringing hardcopies of any documents within this solicitation if they wish to have them during the site visit. WSDOT will not provide copies of solicitation documents to bidders during the Site Visit.

Bidders shall arrive on-time and await the Procurement Coordinator. Bidders will be required to sign the Site Visit sign-in sheet. Bidders will meet at a WSDOT Maintenance Facility, then follow WSDOT staff in their own vehicles to the locations. The starting address for the Site Visit is:

WSDOT Northwest Region Everett Project Engineer Office 9021 El Capitan Way Everett, WA 98208

1.4 Acceptance of Terms

Acceptance of a state contract/Purchase Order by a Bidder/Supplier for any services purchased pursuant to this bid/contract constitutes acceptance of, and agreement with, all of the general and specific provisions, requirements, stipulations and specification(s) described in this bid/contract.

1.5 Location and Hours of Operations

Contracted work shall be performed at the following location(s):

9021 El Capitan Way Everett, WA 98208 (Southwest Entrance) Unless otherwise stipulated by the Contract Manager, all work shall occur between the hours listed in this section unless arranged in advance by the WSDOT Contract Manager. Overtime, weekend, and night work are not allowed unless approved in advance by WSDOT.

Hours of Operation: Monday thru Friday, 7:00am to 5:00pm

1.6 Permitting

WSDOT has determined that a low voltage electrical permit will be required for this work. The Contractor shall be required to apply for and obtain any and all permits determined to be required for this work. The Contractor shall also be responsible for obtaining any additional permits required for this work identified after contract award unless otherwise agreed upon in-writing with WSDOT. Should further permits be required, contract amendments will be allowed upon mutual written agreement to cover costs related to the additional permitting incurred by the Contractor.

1.7 Prevailing Wage

This contract is subject to Washington State prevailing wage requirements. Bidders quotes shall be inclusive of all applicable prevailing wages and Bidders shall have completed all Washington State Department of Labor & Industries (L&I) requirements for performing prevailing wage work. Bids from Bidders not in good standing with L&I for the completion of prevailing wage work may be rejected as non-responsive.

SPECIAL TERMS AND CONDITIONS

After award of this ITB, the Procurement Coordinator of this ITB will become the WSDOT Contract Administrator for the resulting contract. A separate WSDOT Contract Manager will be appointed to deal with the contractor for routine issues such as scheduling, performance monitoring, billing, and minor performance issues. The Contract Manager shall have sole authority to grant or confirm completion of work performed under this contract. The Contract Manager may appoint a designee for certain functions, either temporarily or indefinitely. The Contract Administrator will conduct amendments, clarify terms and conditions, and if necessary, mediate disputes and implement corrective action(s).

Scope of Work The successful bidder (Contractor) shall provide all necessary labor, equipment, and materials to provide and install one 25-foot wide x 6-foot high plus 12-foot barb wire Tilt-A-Way (or equivalent) single vertical pivot gate at a WSDOT facility in Everett, WA. In addition to the gate itself, the following specifications are required:

· Installation shall include running conduit from building for power and controls to gate and control pedestals

· Installation will include specified concrete mounting foundations

· Quantity (2) – BEA (or equivalent) Laser vehicle detectors

· Quantity (1) - infrared safety beam and reversing edge switch as required

· Quantity (4) - card reader housings, (2) - high / low stanchions

· Quantity (1) - Knox fire department access switch

· Quantity (1) - Tomar fire department strobe light detector switch

· Low voltage electrical permit (to be obtained by Contractor)

· Trenching and patching for power and control conduits as required, per all applicable standards and specifications, including but not limited to the WSDOT Standard Specifications M41-10.

Sole determination for Physical Completion will be made by the WSDOT Contract Manager.

Milestone Payments No prepayments allowed, however upon mutual agreement between WSDOT and the Contractor, payments for line items may be made separately upon completion of line item work or material delivery.

Contractor Representation The Contractor shall appoint a single Project Manager who shall serve as the Contractor’s representative for the work and materials performed and issued under this contract. The Project Manager shall work in conjunction with the WSDOT Contract Manager and Contract Administrator regarding all performance matters covered by this contract.

The Contractor shall also appoint a designated Field Supervisor who shall be onsite during any work performed under this contract by the Contractor on WSDOT-owned or leased property.

Staging Staging areas for this work may not be determined until after contract award. WSDOT reserves sole right to determine the location of the staging areas. Any alternative staging area proposed by the Contractor must be approved by WSDOT prior to contractor use of any staging area location.

Utilities The Contractor shall be responsible for identifying any utilities that may be in the work zone and to take adequate steps to prevent interference with utilities.

If any Utilities are damaged by the Contractor’s activities, the Contractor shall pay for all costs associated with damage caused by the Contractor, including Utility down-time, all reconstruction, all remediation of hazards, litigation, loss of product, and Utility startup and delay costs. At the Utility Owner’s request, the Contractor shall repair the damage, or the Utility Owner may choose to repair the damage at the Contractor’s expense. All repairs by the Contractor shall be performed to the reasonable satisfaction of the Utility Owner. The Contractor shall pay any reimbursement due to the Utility Owner because of any damage caused by the Contractor within 30 Calendar Days after receipt of the Utility Owner’s invoice.

Scheduling Bidders shall submit a best-estimate for contract completion with their bid submission. For convenience, there is a best-estimate section on the Price Worksheet (Appendix D). Best-estimates for completion should be based on time after date-of-contract award.

All work shall be scheduled by mutual agreement between the Contractor and WSDOT. It is the responsibility of the Contractor to issue requests in writing for scheduling changes to the Contract Manager. Schedule change requests or notices not issued to the WSDOT Contractor in writing may result in the Contractor requests being denied without notice at no additional cost to WSDOT. Scheduling shall not conflict with WSDOT operations or the activities of its employees, customers, or guests. If the Contractor fails to agree with WSDOT upon an appropriate schedule or if the Contractor fails to adhere to an agreed-upon schedule, WSDOT reserves the right to respond with a Notice to Cure or to cancel the contract outright.

1.1 Equipment, Products, Material, and Supplies

a) The Contractor shall be responsible for providing any equipment, products, materials, and supplies required to complete the work as defined by the scope of work. The Contractor shall supply to the Contract Manager the Safety Data Sheets (SDS) for any product applied or used for work under this contract. SDS should be issued electronically to the Contract Manager and upon request the Contractor’s employees must provide hardcopies onsite for products in use while work is being performed. Failure to do so may result in a Notice to Cure.

b) The Contractor shall keep all Contractor-owned equipment in a location designated by the Contract Manager. WSDOT is not responsible for Contractor-owned equipment stored or used on WSDOT-owned or leased property.

c) WSDOT reserves the right to require the Contractor to provide manufacturer documentation for any equipment, chemical, or material used in the performance of this contract. If manufacturer documentation is unavailable, WSDOT reserves the right to require that the product be replaced with a version accompanied by manufacturer documentation.

d) Delivery of any materials related to this project will not be allowed without written permission by the Contract Manager. Material delivery will not be accepted by WSDOT until the Permitting line item has been completed by the Contractor.

Supervision of Employees The Contractor shall perform all work under this contract using its own employees carried on payroll. Any sub-contractor work must be pre-approved by WSDOT and applicable prevailing wage rules shall be followed. The Contractor shall have a designated supervisor at the worksite who will have the authority to represent the Contractor when dealing with the Contract Manager.

Service Summaries and Inspections WSDOT reserves the right to request the Contractor provide regular written summaries of work performed, on a daily, weekly, or monthly basis.

WSDOT reserves the right to require a joint walkthrough inspection after any day of work performance. This may occur at the end of the work day or the following business day, as decided by WSDOT. The Field Supervisor shall be required to attend and to walk the Contract Manager or designee through the work performed.

If the Contract Manager disputes a work summary or the corresponding inspection, WSDOT reserves the right to require the Contractor owner or Project Manager to – within 5 business days – come to the worksite and meet with the Contract Manager in an effort to resolve the dispute. .

In the event that a resolution cannot be achieved, WSDOT reserves the right to issue a Notice to Cure. The Contractor shall have, at a minimum, 30 business days from the issue of the Notice to Cure to take corrective action. After these 30 days, WSDOT reserves sole right to determine if the Contractor has taken adequate corrective action and may immediately terminate the contract at that time.

Communication Procedures Beginning immediately after award, the Project Manager shall provide weekly updates in writing via email to the Contract Manager. The Contract Manager will communicate requests or issues to the Project Manager or Field Supervisor in writing, via email. The Project Manager shall respond in writing within 24 business hours of the Contract Manager’s communication being sent, and the Project Manager shall address these issues in a timely manner. If the Contract Manager feels that the issues were not adequately addressed, they will issue a notice via email to both the Project Manager and the Field Supervisor. If the issue is not resolved after that, the Contract Manager will relay the issues and relevant communications to the Contract Administrator. The Contract Administrator will seek to resolve the dispute, either by requesting further communication, calling a formal meeting between the Contractor and WSDOT, or issuing a Notice to Cure.

The Contract Administrator shall be engaged in any dispute over the scope of work or terms and conditions of this solicitation and the resulting contract.

Background Checks and Access Restrictions WSDOT reserves the right to require that the Contractor provide Washington State Patrol (WSP) background checks for each employee performing work on WSDOT facilities or right-of-way.

The Contractor shall submit in writing to the Contract Manager the names and background checks of any employees who have not previously been approved for work at WSDOT facilities at least two business days prior to the date of performance.

Minors, dependents, non-employee guests, and pets shall be prohibited from accompanying any Contractor employee to WSDOT facilities while work is being performed.

Facility Access The Contractor shall adhere to the policies laid out by the Contract Manager for access to WSDOT facilities, including but not limited to, parking, building access, and restroom access. Policies may vary from facility to facility.

If WSDOT keys or badges are entrusted to the Contractor, the Contractor shall not obtain duplicates of keys for any WSDOT facility unless approved by the Contract Manager. Lost keys or badges shall be reported to the Contract Manager within 24 business hours. Any keys or badges must be returned to WSDOT upon final termination of this contract.

Site Safety Plan The Contractor shall submit a specific site plan shall be submitted to the Contract Manager for approval prior to commencement of on-site activities. Site plans shall conform to all state and local guidelines. WSDOT reserves the right to mandate changes to the plan. The site plan must be approved by WSDOT prior to commencement.

Brands Brand names are called out in this solicitation to establish required specifications, quality, and performance standards. Bidders are allowed to propose alternate products so long as they meet the required specifications, quality, and performance standards of the named brands. Bidders choosing to propose alternate products must make note in their bid submittals to the proposed alternates and provide manufacturer documentation that demonstrates their equivalency to the named brand. WSDOT reserves the right to require Bidders provide further detail to demonstrate equivalency. Failure by a Bidder to note a proposed alternate or to provide satisfactory product information in a required timeframe may result in their bid being rejected as non-responsive. WSDOT will have sole authority in determining the equivalency of a proposed alternate.

Definitions For the purposes of this ITB and the resulting contract, the following definitions will apply:

· Bid Line Item Definitions:

· Materials: All consumable or permanent products, equipment, or materials required for completion of the scope of work

· Labor – Installation: All labor charges for installation work performed after completion of trenching and patching activities.

· Labor – Trenching and Patching: All labor charges for work performed for trenching and patching activities.

· Administrative/Mobilization Fees: Any charges not applicable to another line item.

· Permitting: All charges related directly to the application and procurement of all required permits, including but not limited to actual permit costs.

· Contract Administrator: The WSDOT Procurement Coordinator of this ITB will become the Contract Administrator after award. The Contract Administrator will aid the delivery of the contract upon request from either the WSDOT Contract Manager or the Contractor. The primary functions of the Contract Administrator will be clarifying terms and conditions of the contract and dispute mediation.

· Contract Manager: The Contract Manager is the WSDOT employee in charge of overseeing Contractor performance and will oversee scheduling, technical issues, and have sole authority to grant completion to the work performed under the contract.

· Field Supervisor: The Field Supervisor shall be physically onsite whenever there is a Contractor presence on WSDOT property.

· Owner: in this solicitation, its appendices, and any amendments, the term “owner” refers to WSDOT.

· Physical Completion: when all of the work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Physical Completion for work under this contract is determined by the Contract Manager.

· Project Manager: The Project Manager shall be the single point-of-contact appointed by the Contractor to oversee all aspects of contract performance and to communicate with the WSDOT Contract Manager.

· Vendor, Contractor, and Successful Bidder: The terms “vendor,” “contractor,” and “successful bidder” are interchangeable

ITB OVERVIEW

Announcement and Special Information The ITB, its appendices, attachments, amendments and any incorporated documents will comprise the entire ITB which will become the resulting contract between WSDOT and the awarded contractor when it is countersigned by WSDOT.

By responding to this ITB, a bidder acknowledges having read and understood the entire ITB and accepts all information contained within the ITB without modification.

NOTE: The Standard Contract Terms and Conditions (Appendix A), which is an appendix to this ITB, contains general provisions and terms for solicitations issued by WSDOT. Should a term within the Standard Contract Terms and Conditions conflict with a term elsewhere in the ITB, the latter will prevail.

Complaint, Debrief, and Protest Bidders wishing to express a concern or objection with the solicitation or solicitation process in the form of a complaint must do so at least five business days prior to the deadline for bid submission. After the announcement of the apparent successful bidder (ASB), any Bidder may request a debrief within three business days of the announcement of ASB. Failure to follow the Complaint, Debrief, and Protest Procedure may be seen as a waiver on the part of the Bidder and prevent the complaint, debrief request, or protest from being honored and exercised. The Debrief meeting will take place shortly following the Debrief request with no consideration for lengthy delays. WSDOT will not allow the Debrief meeting to be used as a delaying tactic.

See also Appendix B: Complaint, Debrief and Protest Procedures in the Appendices section below.

Washington’s Electronic Business Solution (WEBS) Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at https://fortress.wa.gov/ga/webs/, and maintaining an accurate Vendor profile in WEBS.

· Downloading the ITB packet consisting of the ITB, all appendices, and incorporated documents related to the ITB for which you are interested in bidding.

· Downloading all current and subsequent amendments to the ITB to ensure receipt of all ITB documents.

Notification of amendments to the ITB will only be provided to those vendors who have registered with WEBS and have downloaded the ITB from WEBS. Failure to do so may result in a bidder having incomplete, inaccurate, or otherwise inadequate information and bid.

Amendments Prior to the bid due date and time, WSDOT reserves the right to change portions of this ITB. All changes will be issued in writing by WSDOT as an amendment and incorporated into the ITB. If there is any conflict between amendments, or between an amendment and the ITB, the document issued last in time will be controlling. Only bidders who have properly registered and downloaded the original ITB directly via WEBS will receive notification of amendments and other correspondence pertinent to the procurement.

Bidder Communication Responsibilities During the ITB process, all bidder communications about this ITB must be directed to the Procurement Coordinator. Unauthorized contact regarding this ITB with other state employees involved with the ITB may result in disqualification. All oral and written communications will be considered unofficial and non-binding on WSDOT. Bidders should rely only on written amendments issued by the Procurement Coordinator.

Bidder Responsiveness Bidders are to respond to each question/requirement contained in this ITB. Failure to comply with any applicable item may result in a bid being deemed non-responsive and disqualified.

WSDOT reserves the right to determine the actual level of bidders’ compliance with the requirements specified in this ITB and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the competitive ITB, having no effect or merely a minor or negligible effect on quality, quantity, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders.

Pricing Bid prices must include all cost components needed for the delivery of the services as described in this ITB. Failure to identify all costs in a manner consistent with the instructions in this ITB is sufficient grounds for disqualification.

NOTE: Pricing provided on the Price Worksheets is to be rounded to the nearest whole cent.

Non-Endorsement and Publicity In selecting a bidder to supply services specified herein, WSDOT is not endorsing the bidder’s services, nor suggesting they are the best or only solution to their needs.

No Costs or Charges Costs or charges incurred before a contract is fully executed will be the sole responsibility of the bidder.

PREPARATION OF BIDS

Bid Submittals Checklist The following checklist identifies the submittals which will comprise a bid. Any bid received without all of the items identified in this checklist and designated as REQUIRED may be rejected as being non-responsive. Please identify each page of the submittals and any supplemental materials with your company name or other identifiable company mark.

· Bidder’s Authorized Offer (REQUIRED): Complete as instructed and return a signed copy of the Bidder’s Authorized Offer (The last page of this ITB).

· Price Worksheet (REQUIRED): On or before the bid due date, complete as instructed and return a copy of the Price Worksheet (Appendix D).

· References (REQUIRED): Before award, complete as instructed and return a copy of the Reference Worksheet (Appendix E).

· Bidder Certifications and Assurances: Before award, complete as instructed and return a copy of the Bidder Certifications. (Appendix C)

· Insurance Information: Before award, Bidder must submit a current insurance document which adheres to the Standard Terms & Conditions (Appendix A) Section A.43.

· ITB Amendments (AS INSTRUCTED): If instructed to do so in any amendment to this ITB, sign and return a copy. Failure to sign and return any required amendments to this ITB may result in a bid being rejected for lack of responsiveness. When in doubt, sign and return a copy of all ITB amendments.

Format Bids must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the bidder with signature authority. All changes and/or erasures must be initialed in ink. Unsigned bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the bidder’s desire and intent to be bound by the bid, such as a signed cover letter. Incomplete or illegible bids may be rejected.

Multiple Submissions by the Same Bidder Multiple bid submissions by the same bidder are allowed. They should be submitted as separate bids and easily identified (i.e. “Contractor Name” Bid#1, “Contractor Name” Bid#2, etc.). Multiple submissions not clearly identified as such may be rejected as non-responsive.

Due Date and Time Bid packages must be received on or before the due date and time at the location specified on the cover page. Submitting via email is preferred. Regardless of the delivery method used it is the responsibility of the supplier to ensure solicitation response is received by the Procurement Coordinator on or before the designated deadline. Quotes will not be accepted via facsimile.

Should a bidder wish to hand-deliver a bid, arrangements must be made with the Procurement Coordinator to ensure proper delivery and acceptance of the bid. Failure on the part of the bidder to notify the Procurement Coordinator of a hand-delivered bid or follow the Procurement Coordinator’s instructions for delivery may result in the bid being rejected as non-responsive.

If a bid is late or received at a location other than that specified it will be rejected.

Bid Opening After the bid due date and time, the Bid will be opened and processed protecting the confidentiality of the contents. The names of the bidders will be recorded and made available upon request. Bid contents will not be available for public view until after the apparent successful bidder has been announced. (RCW 39.26.030).

EVALUATION AND AWARD

General Provisions

· Bidder responsiveness, responsibility and price factors will be evaluated based on the evaluation process described in this section.

· Contract award will be based on the evaluation and award criteria established herein and will be subject to consideration of all factors identified in RCW 39.26 and other criteria identified in the ITB.

· Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for rejection.

· After bids have been submitted, WSDOT may require individual bidders to appear at a time and place determined by WSDOT to discuss contract requirements. Any such meeting should not be construed as negotiations or an indication of WSDOT’S intention to award.

· WSDOT reserves the right to: (1) Waive any informality; (2) Reject any or all bids, or portions thereof; (3) Accept any portion of the items bid unless the bidder stipulates all or nothing in their bid; (4) Cancel an ITB and re-solicit bids; (5) Negotiate with the lowest responsive and responsible bidder to determine if that bid can be improved for the purchaser.

· References: WSDOT reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service, knowledge of service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible. WSDOT reserves the right to waive the reference check.

· The evaluation does not require any particular order so long as the Bidder or Bidders ultimately receiving an award meet all of the evaluation and award criteria.

Determination of Responsiveness Bids will be reviewed on a pass/fail basis to determine compliance with administrative requirements as specified herein.

WSDOT reserves the right to determine at its sole discretion whether a bidder’s response to a minimum ITB requirement is sufficient to pass. However, if all bidders fail to meet any single ITB requirement, WSDOT may reject all bids and cancel the ITB or waive the requirement from the ITB’s criteria for responsiveness.

Responsive bids will be further evaluated based on the requirements in this ITB.

Determination of Responsibility During evaluation, WSDOT reserves the right to make reasonable inquiry to determine the responsibility of any bidder. Requests may include financial statements, credit ratings, references, record of past performance, clarification of bidder’s offer, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary. Failure to respond to these requests may result in a bid being rejected as non-responsive. WSDOT reserves the right to use itself as a reference.

Price Evaluation Evaluated Prices from responsive Bids will be calculated as follows:

a) The unit prices for each item will be summed together to form a net amount.

b) The net amounts for each line item will be summed together along with any shipping/delivery charge to form a Total Price (pre-tax).

c) The Total Price (pre-tax) will be subjected to any preferences and penalties required by law, rule, or ITB.

d) The Total Price (pre-tax) will be used to evaluate the low bid.

e) In the event of a conflict between the Total Price and the Unit Price, the Unit Price will prevail.

Preference for Firms without Mandatory Individual Arbitration for Employees (EO 18-03) Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 1803 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), WSDOT will evaluate bids for best value and provide a bid preference in the amount of 5% to any bidder who certifies, pursuant to Section 11 of Appendix C – Bidder Certifications, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

Bidders who do not certify one way or another shall not receive the 5% preference. In the event that all bidders certify that they do not require mandatory individual arbitration for their employees, the preference will not be applied during bid evaluation.

Selection of Apparent Successful Bidder Bids received in response to this ITB will be evaluated per the method detailed in section 5.4 of this solicitation.

WSDOT reserves the right to request additional information or perform tests and measurements as part of the evaluation process before award. Failure to provide requested information within 10 days may result in disqualification.

Before award, WSDOT may negotiate with an Apparent Successful Bidder (ASB) to determine if a bid can be improved.

Designation as an ASB does not imply that WSDOT will issue an award to your firm. It merely suggests that at this moment in time, WSDOT believes your bid to be responsive. This designation allows WSDOT to perform a responsibility analysis and ask for additional documentation. WSDOT may also re-examine the bid to determine whether the bid is truly responsive. The bidder must not construe this as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of this notification, it does so at its own risk and expense.

Announcement of Apparent Successful Bidder All Bidders responding to this ITB will be notified when WSDOT has determined the Apparent Successful Bidder (ASB).

Award An award, in part or full, is made and a contract formed by signature of WSDOT and awarded bidder on the Bidder’s Authorized Offer page at the end of the ITB. In some circumstances, WSDOT may include an award letter which further defines the award and is included by reference to accompany the signature page.

WSDOT reserves the right to award on an all-or-nothing consolidated basis.

Following the award, all bidders will receive a Notice of Award, usually through a WEBS notification.

CONTRACT INFORMATION

Incorporated Documents and Order of Precedence A bid submitted to this ITB is an offer to contract with WSDOT.

A bid becomes a contract only when awarded and accepted by signature of WSDOT and bidder on the Bidder’s Authorized Offer and Contract Signature Page.

The documents listed below are, by this reference, incorporated into a contract resulting from this ITB as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a) The ITB

b) The awarded vendor’s bid

c) All appendices

d) ITB amendments (if any)

e) Award letter (if any) In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a) Applicable federal and state of Washington statutes and regulations

b) Mutually agreed written amendments to the resulting contract

c) The contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the contract must be read consistently.

Conformity: If any provision of the contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

Parties This Contract is entered into by and between the Washington State Department of Transportation and the awarded Contractor with the parties more fully described in the Bidder’s Authorized Offer and Contract Signature Page.

Authority to Bind The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

Counterparts This contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.

Changes WSDOT reserves the right to modify the resulting contract (including but not limited to adding or deleting products) by mutual agreement between WSDOT and the contractor. Alterations to any of the terms, conditions, or requirements of this contract will only be effective upon written issuance of a mutually-agreed contract amendment by WSDOT. However, changes to point of contact information may be updated without the issuance of a mutually-agreed contract amendment.

Miscellaneous Expenses Expenses related to day-to-day contract performance (including but not limited to, travel, lodging, meals, and incidentals) will not be reimbursed to the contractor. However, WSDOT recognizes that there may be occasions when the purchaser requires the bidder to travel. In such case the purchaser must provide written pre-approval of such expenses on a case-by-case basis. Any such reimbursement will be at rates not to exceed the guidelines for state employees published by the Washington State Office of Financial Management set forth in the Washington State Administrative & Accounting Manual, and not to exceed expenses actually incurred.

6.7 Hours of Labor and Prevailing Wages

In compliance with RCW 49.28, Contractor agrees that no worker, laborer, or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight (8) hours in any one calendar day, or forty (40) hours in any one calendar week. In cases of extraordinary emergency such as danger to life or property, the hours of work may be extended but in such cases the rate of pay for time employed in excess of the above shall be at the prevailing overtime rate of pay. Except, contracts will not require the payment of overtime rates for the first two hours worked in excess of eight (8) hours per day when the employer has obtained the employee’s agreement (as defined in WAC 296-127-022) to work a four-day, ten-hour work week.

This contract is subject to prevailing wage requirements (reference RCW 39.12 and WAC 296-127). Wages to be paid workers, laborers or mechanics, pursuant to this contract shall not be less than the prevailing rate of wage in the same trade or occupation in the locality within the state where the labor is performed. By submission of a properly signed and completed bid, bidder agrees to comply with all provisions of these chapters.

L&I Prevailing Wage Category Rates: https://secure.lni.wa.gov/wagelookup/

Solicitation Timeline

Changes to the Solicitation Timeline, if necessary, will be announced via an addendum posted to the Washington Electronic Business Solution (WEBS) website.

Other Information URL’s

Statewide Vendor Number: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx

Department of Revenue: http://dor.wa.gov/

WAC 458-20: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20

WAC 458-20-193: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193

WSDOT Standard Specifications (M41-10): https://wsdot.wa.gov/Publications/Manuals/M41-10.htm

APPENDICES

Appendix A: Standard Contract Terms and Conditions

Appendix B: Complaint, Debrief and Protest Procedures

Appendix C: Bidder Certifications (Must be completed by Bidder)

Appendix D: Price Worksheet

Appendix E: References

Invitation to Bid

NWR401598R

BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE Solicitation Number: NWR401598R In submitting this bid, the authorized signatory below acknowledges having read and understood the entire ITB and amendments incorporated prior to the bid due date, and agrees to comply with its terms and conditions, as written, including the Certifications (Appendix C). The authorized signatory also agrees to fulfill the offer for categories made in this bid and any subsequently awarded contract.

In witness whereof, the parties hereto, having read this contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

Unless otherwise specified in the ITB, this contract is effective as of the date of last signature.

APPROVED (WSDOT)

APPROVED (BIDDER)

Washington State Department of Transportation 15700 Dayton Ave N Seattle, WA 98036

Bidder’s Company Name & Address

Signature Date

Signature Date

Typed or Printed Name, Title

Typed or Printed Name, Title

Manager Signature (if applicable) Date

Manager’s Typed or Printed Name, Title

Contact Information

Contact Information

image2.emf

NWR401598R Appendix A.docx NWR401598R – Appendix A: Standard Terms and Conditions

Standard Terms and Conditions

Should a term within these Standard Contract Terms and Conditions conflict with a term elsewhere in the ITB, the latter will prevail.

A.1 Incorporated Documents and Order of Precedence

A bid submitted to this ITB is an offer to contract with WSDOT.

A bid becomes a contract only when awarded and accepted by signature of WSDOT and bidder on the Bidder’s Authorized Offer and Contract Signature Page.

The documents listed below are, by this reference, incorporated into a contract resulting from this ITB as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.

a) The ITB

b) The awarded vendor’s bid

c) All appendices

d) ITB amendments (if any)

e) Award letter (if any)

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a) Applicable federal and state of Washington statutes and regulations

b) Mutually agreed written amendments to the resulting contract

c) The contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the contract must be read consistently.

Conformity: If any provision of the contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

A.2 Parties

This Contract is entered into by and between the Washington State Department of Transportation and the awarded Contractor with the parties more fully described in the Bidder’s Authorized Offer and Contract Signature Page.

A.3 Authority to Bind

The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.

A.4 Counterparts

This contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.

A.5 Changes

WSDOT reserves the right to modify the resulting contract (including but not limited to adding or deleting products) by mutual agreement between WSDOT and the contractor. Alterations to any of the terms, conditions, or requirements (including price, quality, quantity, or other specifications) of this contract will only be effective upon written issuance of a mutually-agreed contract amendment by WSDOT. However, changes to point of contact information may be updated without the issuance of a mutually-agreed contract amendment.

A.6 Right to Cancel

WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

A.7 Acceptance

This ITB and any order resulting from this solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Supplier are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT.

A.8 Rejection

All goods or materials purchased herein are subject to written approval by WSDOT. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by WSDOT or returned will be at Supplier’s risk and expense.

A.9 Identification

All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. Packing lists shall be included with each shipment pursuant to this order, indicating the contents of each package therein.

A.10 Ordering Requirements

Contractor must ensure that Authorized purchasers can place orders against this contract either in person, electronically, facsimile or by phone. Once an order is issued, the following shall apply:

· Upon receipt of a purchase order the contractor must send written confirmation to the purchaser.

· If requested, the contractor must supply purchaser with manufacturer’s list pricing or other documentation needed to verify contract pricing compliance.

· Contractor must notify purchaser of any surcharges or other price adjustments if applicable and as contract allows.

A.11 Delivery Requirements

a. Delivery:

Contractor must ensure that delivery of goods will be made as required in the contract terms, the Purchase Order, or as otherwise mutually agreed in writing between the purchaser and contractor. The following apply to all deliveries:

· Unless stated otherwise in the ITB or written amendment issued by WSDOT, all freight and shipping terms for deliveries resulting from this contract shall be Destination, Freight Prepaid or FOB Destination, Freight Prepaid, depending upon mode of transportation.

· The contractor must deliver the goods during purchaser’s normal work hours and within contract time frames or as otherwise mutually agreed in writing between the purchaser and contractor at the time of order placement.

· The purchaser may refuse shipment when delivered after normal working hours.

· Failure to comply with agreed upon delivery times may subject contractor to liquidated damages and/or other damages.

· The acceptance of late delivery does not constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by contractor.

· The contractor must make all deliveries to the applicable delivery location as indicated in the contract or Purchase Order.

· The contractor is responsible for verifying delivery conditions/requirements with the purchaser prior to the delivery.

· All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this contract shall be identified by the contract identifier and the applicable purchaser’s order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders.

· The contractor must not initiate performance prior to receipt of written or verbal authorization from authorized purchasers. Expenses incurred otherwise will be borne solely by the contractor.

b. Site security:

While on purchaser’s premises, contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire, or other security regulations.

c. Labeling:

Individual shipping cartons shall be labeled with the name of the purchaser, order number, contract number, contractor, state stock numbers. Where applicable, date of manufacture, batch number, storage requirements, conditions, and recommended shelf life shall also be included.

A.12 Pricing - Include all Cost Components in Pricing

Bidders must identify and include all elements of recurring and non-recurring costs in their pricing. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels; and any processing fees associated with credit card payment.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

A.13 Withdrawal or Modification of Response

Bidders are liable for all errors or omissions contained in their responses.

a. Prior to response due date and time

Modification: Mistakes in bids or proposals detected prior to the due date and time may be corrected by the bidder by withdrawing the original bid or proposal and submitting a corrected bid or proposal to WSDOT before the due date and time. If there is not sufficient time prior to the due date and time to withdraw the original bid or proposal and submit a corrected bid or proposal, the bidder, or an authorized representative, may correct the mistake on the face of the original bid or proposal provided that the corrected bid or proposal is time stamped by WSDOT upon resubmission prior to the due date and time.

Withdrawal: An authorized bidder representative is permitted to withdraw its response before the due date and time by submitting the withdrawal request in writing. Withdrawn responses will be returned unopened to the bidder.

b. After response due date and time

No modification: If bidder mistakes in a bid or proposal are detected after the bid due date and time, they may not be corrected.

Withdrawal: If the bidder submits evidence in writing satisfactory to WSDOT that a mistake has been made by the bidder in the calculation of its bid or proposal, WSDOT may allow the bid or proposal to be withdrawn provided that the claim of mistake and supporting documentation is provided within three business days after the due date and time. Compliance with this section within the specified time limit shall relieve the bidder of forfeiture of its bid guarantee. If WSDOT subsequently reissues the solicitation, the bidder having made the mistake may not participate in that solicitation.

Clarification: WSDOT reserves the right to contact bidder for clarification of response contents.

A.14 Collection of Retail Sales and Use Taxes

In general, Suppliers engaged in retail sales…