NWR401603R - UPS Tunnels.docx

Invitation to Bid

NWR401603R

Invitation to Bid NWR401603R Uninterrupted Power Supply Unit for WSDOT Tunnel Facilities 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………………………..Wednesday, August 14, 2024

Voluntary Site Visit………………Wednesday, August 28, 2024

Bids are due Wednesday, September 11, 2024

Attention: Zebulon Clinton

IMPORTANT: Quotes may be via email (preferred) with NWR401603R 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

Purpose of the ITB The purpose of this solicitation is to obtain quotes from qualified businesses to provide one (1) Uninterruptible Power Supply (UPS) unit and requisite parts and materials, as well as performing onsite start-up and testing.

1.2 Base Bid

The successful bidder shall provide all necessary labor and materials for the services detailed in this ITB. Quotes will be inclusive of full compensation for labor, equipment, materials, overhead, profit, and appurtenant costs for the work described in this solicitation. All work, products, and materials will adhere to the specifications detailed in Appendix F of this solicitation. Quotes will be submitted on the worksheet provided in this solicitation (Appendix D) and will be all-inclusive for the following line items:

Delivery of products and materials must be made Monday through Thursday, 8am to 4pm to the following location:

WSDOT SR99 Tunnel Maintenance North Ops Building (NOB) 301 Aurora Ave N Seattle, WA 98109

1.3 Voluntary Pre-Bid Site Visit

A Pre-Bid Site Visit will be held on Wednesday, August 28, 2024 beginning at 10:00am. Attendance at this Site Visit is Voluntary. 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 should 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 SR99 Tunnel Maintenance North Ops Building (NOB) 301 Aurora Ave N Seattle, WA 98109

1.4 Contract Effective Dates

The initial term for this contract shall be through to the startup and final payment for the initial UPS replacement. WSDOT anticipates the need for additional units to support the Tunnels UPS system and the contract shall automatically continue for an additional term to end on or before June 30, 2035. During that additional term, neither WSDOT nor the vendor will be under obligation to continue purchases or services. Additional purchases and/or services may be procured by WSDOT from the vendor via mutual written agreement and must be within the scope detailed in this solicitation. Purchases may be of individual line items or any assortment thereof. Minor changes in specifications to accommodate contemporary regulatory, facility, market, or logistical requirements at the time of procurement may be allowed via mutual written agreement provided they adhere to the original intent of this solicitation. Price changes may be allowed after the initial term via mutual written agreement. Price changes should either conform to relevant consumer price index increases since the previous purchase or the vendor should be prepared to provide documentation demonstrating the new pricing falls in line with its original product and labor mark-ups.

1.5 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.

1.6 Location and Hours of Operations

Unless otherwise stipulated by the Contract Manager, all work shall occur between the hours of 7:00am and 5:00pm, Monday through Thursday unless arranged in advance by the WSDOT Contract Manager. Overtime, weekend, and night work are not allowed unless approved in advance by WSDOT.

1.7 Statewide Payee Registration

All businesses contracting with WSDOT must be registered with the Washington State Office of Financial Management’s (OFM) Statewide Vendor/Payee Services. Bidders and contractors can register by following the instructions here: https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services

WSDOT cannot process a payment to an unregistered payee. It is the responsibility of the payee to register properly in order to receive payment in a timely manner. WSDOT is not responsible for a payee’s failure to register properly.

1.8 Prevailing Wages

Any work performed under this contract with an applicable prevailing wage category will be subject to current prevailing wage rates, all L&I requirements for prevailing wage work, and Section 6.7 of this solicitation.

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. WSDOT may appoint a separate WSDOT Contract Manager 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 shall provide one (1) Uninterruptible Power Supply (UPS) unit and requisite parts and materials, as well as performing onsite start-up and testing. The unit will be replacing an existing unit and so will be subject to strict dimensional and performative requirements, as detailed in this solicitation and its appendices. The unit, materials, and services provided under this contract will adhere to WSDOT Tunnel Maintenance’s relative O&M specifications, detailed in Appendix F.

In the event of a conflict in language between Appendix F and any other portion of this solicitation, Appendix F will take precedence unless agreed between WSDOT and the Vendor via formal written amendment.

Bids not conforming to the scope of work in Appendix F or any other section of this solicitation may be rejected as non-responsive. If a bidder’s scope deviates in any way from the scope of work in Appendix F, the bidder will notify the Procurement Coordinator, in writing submitted with their bid response any deviations from the scope and the reasons for those alternatives. WSDOT reserves sole authority to determine whether a proposed deviation or alternative is acceptable.

Installation The vendor shall inspect the unit after delivery to WSDOT’s facility. After inspection, WSDOT will install the unit. The vendor shall be responsible for onsite start-up and testing after WSDOT completes installation.

Warranty Warranties for the UPS and batteries will conform at minimum to the requirements of Appendix F. The vendor shall provide full warranty paperwork to WSDOT prior to final payment for warrantied units.

Manufacturer’s Product and Authorized Dealer Information The successful bidder shall provide along with their bid submission the manufacturer’s product information for the product they are proposing. Upon request after bid review, bidders shall provided documentation from the manufacturer that demonstrates manufacturer authorization for the bidder to sell, install, and/or service the proposed product. The product proposed by a vendor shall be of the same quality and performance capabilities as the existing units, excepting when current standards require measurable differences. WSDOT reserves the right to request additional product information while assessing responsiveness. WSDOT reserves sole authority in determining the acceptability of a proposed product. Failure to provide requested information in the time required by WSDOT may result in a bid being rejected as non-responsive. Additionally, bids for products determined by WSDOT not to adhere to the requirements laid out in this solicitation may be deemed non-responsive.

Freight/Acceptance Domestic shipping and freight terms for any materials or products ordered under the contract resulting from this solicitation will be either Destination, Freight Prepaid or FOB Destination, Freight Prepaid depending upon mode of transportation.

WSDOT recommends that the vendor be onsite for delivery acceptance. In the event that this is not possible, the vendor shall, prior to any delivery, provide WSDOT with a delivery acceptance checklist to help WSDOT staff make an informed examination of delivered materials prior to acceptance.

If a qualified vendor representative is not able to be onsite the day of delivery, the vendor shall send a qualified representative to examine delivered products within (48) business hours of the delivery. The vendor representative will perform a full examination to determine whether products are in acceptable condition for installation and start-up. Should the vendor determine a product is unfit for use, the vendor will be responsible for making damage claims with the shipping company, manufacturer, or any other relevant party. WSDOT will not be responsible for payment for products damaged or otherwise rendered unusable in shipping or at the point of origin.

Respective to the durability or importance of a product, WSDOT and the vendor may agree to waive the vendor representative product examination requirement via mutual written agreement.

WSDOT On-Site Representation and Provisions WSDOT will provide a qualified employee familiar with the facilities and systems to be on-hand during contractor performance. The employee will be available to help contractor staff identify relevant electrical equipment and be knowledgeable and capable of performing electrical shut-downs in the event of an emergency. The WSDOT employee will work with contractor staff to ensure proper safety lockout procedures are in place

Additionally, WSDOT will provide the contractor with any and all available and releasable schematics, drawings, or other documents related to existing systems and relevant to the work performed under this contract. Any material of which the release may be deemed by WSDOT to present security issues to the State of Washington will be withheld until discussed within WSDOT and any of its relevant security partners. The contractor shall follow any protocols required by WSDOT for the release of such materials.

WSDOT will provide contractor access to electricity for performance of work under this contract. WSDOT will provide contractor employees access to restroom facilities.

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.

Scheduling Bidders shall submit a best-estimate schedule for contract completion with their bid submission. Best-estimate schedules should be based on time after date-of-contract award. Best-estimate schedules shall use the following timeline benchmarks:

· Project Schedule

· Project Schedule weekly update

· Procure Material

· Mobilization

· Inspections

· Punch List

All work, including but not limited to permitting, material delivery, demolition, and installation 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 workday 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.

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.

At the Contractor’s own risk, designated portions of the site may be available for storage of materials, equipment and tools. Coordinate and secure approval from the Contract Manager.

Add-On Purchases In addition to the add-on terms in Appendix A, Section A.24, WSDOT reserves the right to purchase additional materials, products, or services from the vendor in support of the UPS system(s) for WSDOT Tunnel Facilities, including line items not indicated in the initial solicitation. Add-on purchases from this clause shall be considered contract spend, and be subject to all terms and conditions of this solicitation, the resulting contract, and any amendments thereof.

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.

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

· 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. “Contract Manager” and “Project Administrator” may be used interchangeably within this contract and its appendices.

· 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. The terms “Physical Completion” and “Final Completion” are interchangeable within this contract.

· Project Administrator: “Project Administrator” and “Contract Manager” may be used interchangeably within this contract and its appendices.

· 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)

· 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.

· Insurance Information: Before award, Bidder must submit proof of current insurance.

· Manufacturer’s Product Information and Authorized Dealer Status: Before award, Bidder must submit manufacturer’s product information for quoted products along with proof of Bidder’s authorized dealer status from the manufacturer.

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.

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.

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.

References and qualifications will be reviewed prior to announcement of the ASB. Should any reference, including from WSDOT itself, prove unsatisfactory, the bidder’s bid may be rejected as non-responsive. WSDOT reserves sole authority in determining whether or not a reference is satisfactory. Should a bidder be determined to not meet minimum qualifications set forth in this solicitation, its appendices, and any amendments issued during the solicitation period, the bidder’s bid may be rejected as non-responsive. WSDOT reserves sole authority in determining whether or not a reference is satisfactory.

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.

Bidders shall be in good standing with L&I, and be in compliance with all L&I requirements for performing prevailing wage work. Should a review of the bidder’s L&I profile prove unsatisfactory, the bidder’s bid may be rejected as non-responsive.

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

APPENDICES

Reminder: By responding to this ITB, a bidder acknowledges reading, understanding, and accepting all information contained within the entire ITB without modification.

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

Appendix F: WSDOT Required Specifications

BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE Solicitation Number: NWR401603R 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

Contract Admin.

Phone:

Email:

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NWR401603R Appendix A.docx NWR401603R – 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…